Ameena v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.04.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.11169 of 2025 Ameena Hathoon .. Petitioner Vs.
The State rep by The Inspector of Police, Veppankuppam Police Station, Veppankuppam, Vellore District.
(Crime No.52 of 2025) .. 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 arrest in Crime No.52 of 2025 on the file of the respondent Police. For Petitioners : Mr.Vinodh Kumar For Respondent : Mr.S.Santhosh Government Advocate(Crl.Side Page No.1 of 6
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 318(4) of BNS, 2023 in Crime No.52 of 2025, seeks anticipatory bail. 2.
The case of the prosecution is that the petitioner along with other accused persons cheated the defacto complainant to the tune of Rs.1,50,000/- and a gold ring of about 2.25 sovereign by way of selling fake diamond jewel.
3.
The learned counsel appearing for the petitioner submitted that the petitioner is innocent; that she has been falsely implicated in this case and she has not committed any offence as alleged by the prosecution; that the co-accused/A1 & A2 were enlarged on bail vide order dated 20.03.2025 in Crl.M.P. Nos.840 & 894 of 2025 by the Principal Sessions Judge, Vellore and A3 was granted bail by this Court in Crl.O.P. No.9045 of 2025 dated 28.03.2025; and that custodial interrogation of the petitioner is not required for the purpose of investigation and prayed for grant of anticipatory bail to the petitioner.
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4.
The learned Government Advocate (Crl.Side) for the respondent reiterated the prosecution case and submitted that the co-accused/A1 & A2 were enlarged on bail vide order dated 20.03.2025 in Crl.M.P. Nos.840 & 894 of 2025 by the Principal Sessions Judge, Vellore; that A3 was granted bail by this Court in Crl.O.P.No.9045 of 2025 dated 28.03.2025; and that the petitioner has no bad antecedents. He further submitted that the petitioner was implicated on the confession of the co-accused.
5. It is seen that three persons have been named in the FIR. All the three persons were arrested and released on bail either by this Court or by the Sessions Court as stated above. The petitioner is sought to be implicated on confession of the co-accused. The petitioner has no bad antecedents. Further substantial portion of the articles said to have been obtained by the accused by cheating have been recovered. Considering the above facts, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
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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 Judicial Magistrate Court No.III, Vellore on condition that the petitioner 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 daily at 10.30 a.m., until further 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 Petitioners in accordance with law as if the conditions have been imposed and the Petitioners released on bail by the learned Magistrate/Trial Court Page No.4 of 6
himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
23.04.2025 Index : Yes / No Internet : Yes / No rkp To 1.The Sub-Inspector of Police, Veppankuppam Police Station, Veppankuppam, Vellore District.
2.The Judicial Magistrate No.III, Vellore.
3.The Public Prosecutor, Madras High Court, Chennai.
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SUNDER MOHAN , J.
rkp Crl.O.P.No.11169 of 2025 23.04.2025 Page No.6 of 6