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Madras High CourtCRL OP/2180/2025granted

Karthika v. State Rep.By

2025-01-30Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Karthika ... Petitioner Vs.

The State represented by, The Inspector of Police, Sholinghur Police Station, Ranipet District.

(Crime No.318 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with the Crime No.318 of 2024, on the file of the respondent Police. For Petitioner :

Mr.D.Balaji For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

Petition seeking bail in respect of Crime No.318 of 2024 registered for the offences punishable under Sections 318(2), 318(4), 336(2), 336(3), 340(2), 296(b), 351(2) r/w 61(2)(a) of BNS, is on board for consideration. 1/4

2. The incarceration of the petitioner/A1 being from 21.12.2024 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 further submits that the petitioner is in no way connected with the alleged offence and she is ready to abide by any stringent condition that may be imposed by this Court. He also submitted that the co-accused has been enlarged on anticipatory bail by this Court on 06.01.2025.

3. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner/A1, who is running an E-Seva centre, along with other accused had induced the gullible persons on the false assurance that they would be able to get a Government job and arrange for old age pensions and loans, received money and cheated them to the tune of more than Rs.50 lakhs. He further submits that there are 44 victims in this case and no recovery was made from the accused till date. He further submits that the case is under investigation and further, one previous case is pending against the petitioner.

4. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record including the counter filed by the respondent and 2/4

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 his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties (out of which, one of the sureties should be the blood related surety of the petitioner), each for a like sum to the satisfaction of the learned Judicial Magistrate, Sholinghur, Ranipet District, 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 3/4

A.D.JAGADISH CHANDIRA.,J.

ham 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 absconds, a fresh FIR can be registered under Section 269 of B.N.S. 30.01.2025 ham To

1. The Judicial Magistrate, Sholinghur, Ranipet District.

2. The Inspector of Police, Sholinghur Police Station, Ranipet District

3. The Superintendent, Special Prison for Women, Vellore.

4. The Public Prosecutor, High Court of Madras.

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