Vasanthi v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-04-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL O.P NO.7431 of 2025 Vasanthi ....Petitioner/Accused Rank not known Vs The State represented by The Inspector of Police, Ranipet Police Station Ranipet District Crime No.160 of 2024 ....Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of her arrest in Crime No.160 of 2024, on the file of the respondent police.
For Petitioner : Mr.R. Parthiban For Respondent : Mr. S. Santhosh Government Advocate (Crl. Side) 1/7
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420 and 506(i) IPC, in Crime No.160 of 2024, on the file of the respondent police, seeks anticipatory bail.
2.
The case of the prosecution is that A1 represented to the de facto complainant and others that she would purchase gold coins for lower price and induced them to pay Rs.1,02,31,700/- by bank transfer and thereafter neither paid the amount nor handed over the gold coins and thus committed the aforesaid offences.
3. The learned counsel for the petitioner would submit that the petitioner is arrayed as A6; that the petitioner has nothing to do with the alleged offence; that the petitioner was the employee of the first accused; that similarly placed co-accused were granted anticipatory bail by this Court in Crl.O.P. No.8970/2024; and that to show her bonafide, the petitioner is ready to deposit Rs.2,00,000/- to the credit of the crime number and prayed for anticipatory bail to the petitioner.
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4.The learned Government Advocate(Crl. Side) reiterated the prosecution case and submitted that totally a sum of Rs.3,00,00,000/- was cheated by the first accused, out of which Rs.1,02,31,700/- was paid by way of bank transfer and that in the petitioner's account Rs.7,00,000/- was deposited by the victims and opposed the grant of anticipatory bail to the petitioner.
5. Admittedly the first accused who had received the money has been arrested and released on bail. The alleged transactions took place in the year 2022. The second accused was granted anticipatory bail in Crl.O.P. No.8970/2024 on the condition to deposit Rs.1,00,000/- to the credit of Crime number. Hence considering the aforesaid facts, this Court is of the view that custodial interrogation of the petitioner is not required. Accordingly, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Further, taking into consideration the voluntary submission made by the petitioner offering to deposit a sum of Rs.2,00,000/- to the credit of crime number, this Court is of the opinion that as one of the conditions for grant of anticipatory bail, the petitioner may be directed to deposit a sum of Rs.2,00,000/- (Rupees two lakhs only) to the 3/7
credit of Crime No.160 of 2024.
6.
Accordingly, the petitioner shall deposit a sum of Rs.2,00,000/- (Rupees two lakhs only) to the credit of Crime No.160 of 2024 and on such deposit and on receipt of proof of payment, 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 District Munsif cum Judicial Magistrate, Ranipet, 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 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 daily at 10.30. a.m., until further 4/7
orders.
[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 abscond, a fresh FIR can be registered under Section 269 of B.N.S.
07.04.2025 bga To 5/7
1. The District Munsif cum Judicial Magistrate, Ranipet.
2. The Inspector of Police, Ranipet Police Station, Ranipet District.
3. The Public Prosecutor, High Court, Madras. 6/7
SUNDER MOHAN, J.
bga Crl.O.P. No.7431 of 2025 07.04.2025 7/7