Mythili v. State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN

1. MYTHILI D/o. Ramesh Kumar No.3/ 19, K.M.L Thootam, Kannampalayam Village, Coimbatore -641402

2. JAI SAKTHI alias SOWMIYA D/o. Ramesh Kumar, No.3/19, K.M.L Thootam, Kannampalayam Village, Sulur Taluk, Coimbatore -641402.

Petitioner(s) Vs

1. State Rep By, The Inspector Of Police Dcb Coimbatore, Coimbatore Dt (crime.No. 10 Of 2023) Respondent(s) PRAYER:To enlarge the petitioners on anticipatory bail in Crime.No. 10 of 2023 in the event of their arrest pending investigation on the file of the respondent police and thus render justice.

For Petitioner(s):

Mr.V.Muthupandi For Respondent(s):

Public Prosecutor

ORDER

The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406, 420, 120B of IPC in Crime No.10 Of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the parents of the petitioners were running an unregistered Chit Company in the name "Sri Murugan Chit"; that they collected a sum of Rs.13,80,000/- from the defacto complainant; that they did not return the money even after its maturity and thus, they cheated the defacto complainant. Hence, the case.

3. The learned counsel for the petitioners submitted that this Court earlier had granted anticipatory bail to the petitioners directing them to deposit a sum of Rs.1,00,000/- each to the credit of Crime No.1 of 2023 without prejudice to their defence, but, they could not comply with the conditions imposed on them,

hence, the anticipatory bail order was cancelled; and that the petitioners are now willing to comply with the same conditions imposed by this Court earlier in Crl.O.P.No.10616 of 2024 and prayed for anticipatory bail.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and on instruction submitted that the investigation is complied and the final report is filed. 5.

Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and also perused the materials available on record.

6. Considering the facts and circumstances of the case and the voluntary submissions made by the petitioners that they would comply with the same conditions imposed by this Court on 07.06.2024 in Crl.O.P.No.10616 of 2024 and since custodial interrogation of the petitioners is not required for the purpose of investigation, 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 a copy of this order, before the Judicial Magistrate Court, Sulur, 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 said Magistrate, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners shall appear before the Trial Court on all hearing dates.

[b] the petitioners shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh Only) each, to the Credit of Crime No.10 of 2023 without prejudice to their defence, before the satisfaction Court within a period of two weeks from the date of receipt of copy of order copy made ready;

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioners shall not abscond 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

29-04-2025 Jai Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.State Rep By, The Inspector Of Police Dcb Coimbatore, Coimbatore Dt (crime.No. 10 Of 2023).

2. The Judicial Magistrate Court, Sulur.

3. The Public Prosecutor, Madras High Court, Chennai.

SUNDER MOHAN J.

Jai CRL OP No. 7597 of 29-04-2025