Malathi v. State Repby, Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.01.2025
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Malathi ... Petitioner Vs.
The State Represented By The Inspector of Police, RS Puram Police Station, Coimbatore District.
(Crime No:421 of 2024).
... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, pending investigation in Crime No.421 of 2024 on the file of the Inspector of Police, RS Puram Police Station, Coimbatore District. For Petitioner :
Mr.P.Thinesh For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.side)
ORDER
Petition seeking bail in respect of Crime No.421 of 2024 registered for the offences punishable under Sections 406 and 420 of IPC, is on board for consideration.
2. The incarceration of the petitioner being from 23.12.2024 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner, is no way connected with the alleged offence and a case of financial dispute has been falsely projected as a case of cheating. Even as per the prosecution only a sum of Rs.2,00,000/- has been sent through bank transfer and a sum of Rs.8,00,000/- has been given as cash. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.
3. The case of the prosecution as putforth by the learned Government Advocate (Crl.side) appearing for the respondent police, while opposing for grant of bail, is that the accused induced the defacto complainant to invest a sum of Rs.10,00,000/- to expand the business. Thereafter, the accused cheated the defacto complainant without returning the amount. He would further submit that there is one previous case pending against the petitioner.
4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent Police and perused the materials available on record and considering the period of incarceration
undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate I, Coimbatore, and on further conditions that: [a] the sureties shall affix their 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 abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness 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];
A.D.JAGADISH CHANDIRA.,J.
mn [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 29.01.2025 mn To
1. The Judicial Magistrate I, Coimbatore.
2. The Inspector of Police, RS Puram Police Station, Coimbatore District.
3. The Superintendent, Central Prison, Coimbatore.
4. The Public Prosecutor, High Court of Madras.