B. Nithya v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 02.04.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN B. Nithya D/o. Balaji ... Petitioner / Accused-12 Vs State rep. by:- The Inspector Of Police, EOW, Kancheepuram, Kancheepuram District.
... Respondent [Cr. No.4 of 2021] PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioner / Accused in Crime No.4 of 2021 on the file of the respondent police. For Petitioner : Mr. D. Ilayaraja For Respondent : Mr. S. Santhosh, Government Advocate [Criminal side]
ORDER
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The petitioner / Accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 420, 406 read with 120-B of Indian Penal Code and Section 5 of the Tamil Nadu Protection of Interest of Depositors (in Financial Establishment) Act, 1997 in connection with the case in Crime No.4 of 2021, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with other accused had induced the defacto complainant and others to deposit a sum of Rs.2,000/- per month in the company's account and promised high rate of interest; that believing the same, the defacto complainant deposited a total sum of Rs.1,44,000/-; and that the accused had cheated about 63 victims to the tune of Rs.6 crores and thus committed the aforesaid offences.
3. The learned counsel for the petitioner would contend that the allegations against the petitioner are false; that the petitioner has nothing 2/6
to do with the alleged offences; that she is an employee working on a monthly salary; that she has been falsely implicated in this case; that some of the co-accused were already granted anticipatory bail; and that since custodial interrogation of the petitioner is not required, she may be granted anticipatory bail.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions, confirmed the said facts.
5. Considering the aforesaid facts, nature of allegations against the petitioner, the fact that the final report has been filed and some of the coaccused have been granted anticipatory bail, this Court 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 3/6
from the date of receipt of a copy of this order, before the Special Court under TNPID Act, 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 conditions 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 Special Court under TNPID Act, Chennai on all working days at 10.30 a.m. for a period of two weeks and thereafter, on the dates to be fixed by the learned trial Judge;
[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;
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[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]; and [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
02.04.2025 mjs SUNDER MOHAN. J., mjs To 1.The Special Court under TNPID Act, Chennai.
2. The Public Prosecutor, High Court, Madras. 3.The Inspector of Police, Economic Offence Wing, Kancheepuram, 5/6
Kancheeepuram District.
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