Sangeetha v. The State Rep B
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.03.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.8284 of 2025 Sangeetha .. Petitioner Vs.
The State rep by The Sub Inspector of Police, R8, Vadapalani Police Station, Chennai - 600 026.
(Crime No.256 of 2024) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest in Crime No.256 of 2024 on the file of the respondent Police.
For Petitioner : M/s.P.Saravanan 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 and 420 of IPC in Page No.1 of 6
Crime No.256 of 2024, seeks anticipatory bail. 2.
The case of the prosecution is that the petitioner had induced the defacto complainant to give Rs. 2,00,000/- on the promise of high returns and subsequently failed to repay the said amount. 3.
The learned counsel for the petitioner would submit that the allegations are false and that in any case, custodial interrogation of the petitioner is not required and prayed for anticipatory bail to the petitioner. 4.
The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and submitted that the petitioner received a sum of Rs.2,00,000/- from the defacto complainant, on the promise of high returns and had not repaid the said amount. 5.
Considering the fact that there is a money dispute and since the allegations are borne out by the records, this Court is inclined this Court is Page No.2 of 6
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 is made ready, before the learned XVII Metropolitan Magisrate, Saidapet, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 as and 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 Page No.3 of 6
Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 BNS.
20.03.2025 Index : Yes / No Internet : Yes / No dpa Page No.4 of 6
To 1.The Sub Inspector of Police, R8, Vadapalani Police Station, Chennai - 600 026.
2. The learned XVII Metropolitan Magisrate, Saidapet. 3.The Public Prosecutor, Madras High Court, Chennai.
Page No.5 of 6
SUNDER MOHAN , J.
dpa Crl.O.P.No.8284 of 2025 20.03.2025 Page No.6 of 6