Geetha v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-02-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 2242 of 2025 1.Geetha 2.Karthika (in the first page of FIR, her name wrongly typed as Karthi) 3.Kalaiarasan Petitioners Vs The State Rep by, The Inspector of Police, Santhavasal Police Station, Thiruvannamalai District.
(Crime No. 585 of 2024) For Petitioners :
Mr.G.Saravanan For Respondent(s):
Mr.S.Balaji, Government Advocate (Crl.Side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 131 and 316(2) of BNS, 2023 in Crime No.585 of 2024, on the file of the respondent police, seeks anticipatory bail.
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2. The case of the prosecution is that the defacto complainant is the mother of the first petitioner and the grand mother of the 3rd petitioner; that the second petitioner is the wife of 3rd petitioner; that the defacto complainant and the petitioners were living in the same house for some time; that thereafter, the defacto complainant resided elsewhere; that the 3rd petitioner demanded jewels from the defacto complainant and when the defacto complainant refused, there was a wordy quarrel; and that thereafter the defacto complainant found that the jewels were missing from the jewels box and she suspected the involvement of the petitioners. Hence, the case.
3. The learned counsel for the petitioners submits that the allegations are totally false and that the first petitioner took care of the defacto complainant and in any case, considering the nature of the relationship, the custodial interrogation of the petitioners is not required; and that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and on instructions 2/7
submitted that the petitioners are closely related to the defacto complainant.
5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.
6. Considering the nature of allegations; that the complaint is based on suspicion; the relationship between the parties and since custodial interrogation of the petitioners is not required, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of copy of this order, before the learned Judicial Magistrate, Polur, Thiruvannamalai District, on condition that the petitioners shall execute a bond for sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to 3/7
the satisfaction of the said Magistrate, on further condition 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 first and third petitioners shall report before the respondent Police, everyday at 6.30 p.m., until further orders and the second petitioner shall report before the respondent police as and when required for interrogation;
[c] the petitioners shall not abscond either during investigation or trial;
[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail 4/7
by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala reported in [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
12-02-2025 drl To
1. The Inspector of Police, Santhavasal Police Station, Thiruvannamalai District.
2. The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN, J.
drl CRL OP NO. 2242 of 2025 6/7
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