Revathi v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 10.02.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN Revathi ... Petitioner / Accused Vs State rep. by:- The Inspector of Police, Vedaranyam Police Station, Nagapattinam District.
... Respondent [Crime No.14 of 2025 ] PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioner / Accused in Crime No.14 of 2025 on the file of the respondent police. For Petitioner : Mr. Harish Chandrasekar For Respondent : Mr. Leonard Arul Joseph Selvam, Government Advocate [Criminal side] 1/6
ORDER
The petitioner / Accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 316(2), 318(4) and 351(3) of BNS, 2023, in connection with the case in Crime No.14 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant approached A-1 and A-2, who promised to secure a job in abroad to the defacto complainant friends' son and demanded a sum of Rs.4,50,000/- and transferred the said amount to A-1 and A-2. Thereafter, the accused demanded further sum of Rs.1,50,000/- and demanded the defacto complainant to hand it over to the petitioner by cash. Hence, the case.
3. Learned counsel for the petitioner would contend that admittedly, the defacto complainant had nothing to do with the alleged false representation made by A-1 and A-2 and considering the nature of allegations, the custodial interrogation of the petitioner is not required in this case and hence prayed to grant anticipatory bail to the petitioner. 2/6
4. The learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that the transactions was only between A-1, A-2 and defacto complainant and only at the instance of A-1 and A-2, the cash said to have been handed over to the petitioner / A-3.
5. 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.
6. This Court is of the view that considering the nature of allegations and the fact that transactions were only between A-1, A-2 and the defacto complainant, since the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.
7. 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 3/6
from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Vedaranyam, 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 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. [c] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial.
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[f] 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].
[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
10.02.2025 dsn To 1.The Judicial Magistrate Court, Vedaranyam.
2. The Public Prosecutor, High Court, Madras. 3.The Inspector of Police, Vedaranyam Police Station, Nagapattinam District.
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SUNDER MOHAN.
J., dsn 10.02.2025 6/6