L. Subha v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.02.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN CRL O.P.No.1067 of 2025 L.Subha, ... Petitioner/Accused Vs The State Rep by The Inspector of Police, N-3, Muthiyalpet Police Station, Chennai - 600 001.
(Crime No.4 of 2025)
...Respondent
PRAYER:- The Criminal Original Petition is filed under Section 482 of B.N.S.S., pleased to grant the Anticipatory Bail to the petitioners in the event of arrest in Crime No.4 of 2025 on the file of Inspector of Police, N-3, Muthiyalpet, Chennai. For Petitioner : Mr.Ramesh E For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate [Criminal Side] 1/7
ORDER
The petitioner/accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 316(2) and 318(4) of BNS of 2023 in Crime No.4 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that the de-facto complainant had obtained a loan of Rs.4,00,000/- (Rupees Four Lakhs only) from the petitioner and had deposited the original Sale Deed of her house property; that in the month of June 2024, she had repaid the entire loan amount, and the petitioner had not returned the original Sale Deed. Hence, the case.
3. The learned counsel for the petitioner/accused would submit that the de-facto complainant had obtained a loan from one Sakthivel and hence, the original document was handed over to the said Sakthivel and the document is in his custody; and that in any case, the custodial interrogation of the petitioner is not required and sought for anticipatory bail.
4. Heard the learned Government Advocate (Crl.Side) for the 2/7
respondent police and perused the materials available on record.
5. Although the defence of the petitioner cannot be accepted at this stage, this Court is of the view that, considering the nature of the allegations and since the allegations are predominantly civil in nature and custodial interrogation is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned XVI Metropolitan Magistrate, George Town at Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a like sum to the satisfaction of the respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:
[a] the petitioner and the sureties shall affix their 3/7
photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
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To 1.The XVI Metropolitan Magistrate, George Town, Chennai.
2. The Public Prosecutor, High Court, Madras.
3. The Inspector of Police, N-3, Muthiyalpet Police Station, Chennai - 600 001.
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SUNDER MOHAN. J., dk CRL O.P. No.1067 of 2025 6/7
05.02.2025 7/7