Amudha v. State Rep By Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.03.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.6100 of 2025 S.Amudha .. Petitioner/A4 Vs.
The State rep by The Inspector of Police, V5, Thirumangalam Police Station, Chennai - 600 101.
(Crime No.80/2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of their arrest in Crime No.80 of 2025 on the file of the respondent Police. For Petitioner : M/s.Dalifastina V For Respondent : Mr.S.Santhosh Government Advocate(Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 406, 420, 467, 468, 471, 120(B) r/w 34 of I.P.C in Crime No.80 of 2025, seeks anticipatory bail. Page No.1 of 6
2.
The case of the prosecution is that A2 had received a sum of Rs.18,00,000/- from the defacto complainant on the promise of getting an allotment in the Tamil Nadu Housing Board; and that A2 neither repaid the money nor obtained the allotment. Hence, the case. 3.
The learned counsel for the petitioner would submit that the petitioner/A4 is the mother of A2 and she has nothing to do with the alleged transaction, which took place in the year 2017 and 2018; that A2 was arrested and is still in custody; that the co-accused/A1 and A3, were granted anticipatory bail on 04.03.2025 by this Court in Crl.O.P.No.5788 of 2025; and in any case custodial interrogation of the petitioner is not required for the purpose of investigation and prayed for anticipatory bail. 4.
The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and confirmed the fact that the alleged transaction took place in the year 2017 and 2018; that A2 has been arrested and is in custody; and that the co-accused/A1 and A3, have been granted anticipatory bail.
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5.
Considering the nature of allegations, the fact that the petitioner is the mother of A2, who has been arrested and is in custody, the allegations pertain to transactions in the years 2017 and 2018 and the co-accused have been granted anticipatory bail, this Court is of the view that custodial interrogation of the petitioner is not required for the purpose of investigation and is inclined to grant anticipatory bail to the petitioner on certain conditions.
6. 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 from the date on which the order copy is made ready, before the XIII Metropolitan Magistrate, Egmore, Chennai, 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 condition that: [a]the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate Page No.3 of 6
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 as and when required for the purpose of interrogation. [c]the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d]the petitioner 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 B.N.S.
05.03.2025 Index : Yes / No ars Page No.4 of 6
To 1.The Inspector of Police, V5, Thirumangalam Police Station, Chennai.
2.The XIII Metropolitan Magistrate, Egmore, Chennai.
3.The Public Prosecutor, Madras High Court, Chennai.
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SUNDER MOHAN , J.
ars Crl.O.P.No.6100 of 2025 05.03.2025 Page No.6 of 6