Indirani Janarthanam v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Indirani Janarthanam ... Petitioner /Accused Vs.
The State rep. by Inspector of Police, (Central Crime Branch) at Avadi Commissionerate, Old Municipality Building, 1st Floor, Near Avadi, Market Bus Stop, Nehru Bazaar, Avadi, Chennai - 600 054.
... Respondent/ Complainant Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to grant anticipatory bail in connection with FIR No.32 of 2025, registered at Chennai.
For petitioner : Mr.Nachiappan For Respondent : Mr.S.Santhosh, Government Advocate (Crl.Side) Page No.1 of 6
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 420 of IPC and Sections 4(1) and 76(1) of the Chit Funds Act, 1982, in Crime No.32 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. It is the case of the prosecution that the defacto complainant had participated in a chit run by the petitioner; that she had paid the monthly subscription; and that when she demanded the matured amount of Rs.9,50,000/-, the petitioner failed to make the payment.
3. The learned counsel for the petitioner would submit that the allegations are false; that the petitioner had already lodged a complaint against the defacto complainant in Crime No.415 of 2024 on 06.05.2024 for offences under Sections 294(b), 323 and 506(1) of IPC; that aggrieved by the registration of the said FIR, the defacto complainant has filed the instant complaint; and that, in any case, the allegation pertains to a money dispute, and custodial interrogation of the petitioner is not required and sought for anticipatory bail.
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4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed the grant of anticipatory bail to the petitioner.
5. Considering the nature of allegations; the fact that it is a money dispute between the petitioner and the defacto complainant; that there is a case registered against the defacto complainant, and since custodial interrogation of the petitioner is not required for the purpose of investigation, this court is inclined to grant anticipatory bail to the petitioner with 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 made ready, before the learned Judicial Magistrate Court, Poonamallee, on condition that the petitioner shall execute a separate 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 Page No.3 of 6
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 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 twice a week and thereafter as an when required for 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 Page No.4 of 6
Supreem Court in "P.K.Shaji -vs- State of Kerala" reported in (2005) AIR SCW 5560; and [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 11.03.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr Page No.5 of 6
SUNDER MOHAN, J.
skr To
1. Inspector of Police, (Central Crime Branch) at Avadi Commissionerate, Old Municipality Building, 1st Floor, Near Avadi, Market Bus Stop, Nehru Bazaar, Avadi, Chennai - 600 054.
2. The Public Prosecutor, Madras High Court, Chennai.
3. The learned Judicial Magistrate Court, Poonamallee 11.03.2025 Page No.6 of 6