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Madras High CourtCRL OP/4648/2025granted

Divya v. State Rep. By Its The Inspector Of Police,

2025-02-20Honourable Mr Justice Sunder Mohan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Divya ... Petitioner / Accused

Versus

The State Represented By The Inspector of Police, Job Racket Wing, Alpha-7, CCB-I, Chennai - 600007.

CCB Crime No.04 of 2025 ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., praying to enlarge the petitioner on bail pending investigation in Crime No.04 of 2025 on the file of the respondent Police. For petitioner : Mr. V. Sridhar.

For Respondent : Mr. Leonard Arul Joseph Selvam, Government Advocate (Crl. Side).

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O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 30.01.2025, seeking bail in Crime No.04 of 2025 registered for the offence under Sections 406, 420, 465, 467, 468, 471 read with 34 of IPC. 2.The case of the prosecution is that the petitioner along with her husband had induced the victims three in number, to totally pay a sum of Rs.45,00,000/- on the promise of securing Government job; that they had also issued fake appointment orders and out of the said amount, only a sum of Rs.8,75,000/- was returned.

3. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner has nothing to do with the fake appointment orders; that Rs.4,00,000/- was transferred only to her account and to show her bonafide, she is ready and willing to deposit Rs.2,00,000/-. He further submitted that the petitioner is in custody from 30.01.2025 and since further custody is not required, the petitioner may be released on bail.

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4.Learned Government Advocate (Crl.Side) reiterated the case of the prosecution and submitted that a sum of Rs.8,00,000/- was transferred into the account of the husband of the petitioner and Rs.4,00,000/- was transferred to the account of the petitioner and remaining amount was paid by cash; and that the petitioner has issued fake appointment orders and hence, opposed for grant of bail.

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.It is seen that the transactions took place in the year 2020 and the fake appointment orders are said to have issued in the year 2020 and the complaint was lodged only in the year 2025. Considering the period of incarceration and that the petitioner has undertaken to deposit a sum of Rs.2,00,000/- to the credit of the Crime No.04 of 2025; and since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions. 3/6

7. Accordingly, the petitioner is ordered to be released on bail on deposit of Rs.2,00,000/- to the credit of the crime No.04 of 2025 and 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 Additional Special Court for CCB Cases, Egmore, Chennai. [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 4/6

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 B.N.S. 20.02.2025 ay To 1.The Public Prosecutor, High Court of Madras, Chennai.

2.The Inspector of Police, Job Racket Wing, Alpha-7, CCB-I, Chennai - 600007.

3.The Additional Special Court for CCB Cases, Egmore, Chennai.

4.The Central Prison, Puzhal, Chennai.

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SUNDER MOHAN. J, ay 20.02.2025 6/6