M.Radha v. The State By, The Inspector Of Police (Crime)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN

1. M.Radha W/o. Maria Jaya Thilak No. 1/6, Rajiv Gandhi Nagar 4th Street, Kolathur Main Road. Villivakkam, Chennai - 600 Petitioner(s) Vs

1. The State by, The Inspector of Police (Crime) R3 , Ashok Nagar Police Station, Chennai. Crime No. 317/2022.

Respondent(s) PRAYER To enlarge the Petitioner on anticipatory bail in the event of her arrest by the Respondent Police in C.C.No. 225 of 2025 (pending on the file of the Honourable XVII Metropolitan Magistrate, Saidapet, Chennai) in Cr. No. 317 of 2022 pending on the file of the Respondent Police and thus render justice. For Petitioner(s):

Kulasekar T.J

For Respondent(s):

S.Santhosh, Government Advocate (Crl.side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 420 IPC in Crime No.317 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that A1 is running a business in the name and style of 5-G Gold at Vadapalani, Chennai; that the petitioner and the others were also involved in the said business; that the petitioner along with other accused had induced the defacto complainant to invest Rs.3,52,000/- and neither returned the principal nor the interest. Hence, the case. 3.The learned counsel appearing for the petitioner submitted that the allegations are false; that in any case, custodial interrogation is not required and sought for anticipatory bail to the petitioners.

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 on instructions submitted that the petitioner and along with other accused have collected Rs.3,52,000/- from the defacto complainant on the promise of providing gold coins and cheated her. 5.Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate (Crl.side) appearing for the respondent and perused the materials available on record.

6.The petitioner is an employee under A1. The money was paid to A1. The investigation has been completed and a final report is also filed. In such circumstances, the custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. 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 of receipt of copy of this order, before the learned XVII Metropolitan Magistrate, Saidapet, Chennai, on condition that the petitioner shall execute a bond for 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 said Magistrate, on further condition that: [a] 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 abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 reported in [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

25-04-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State by, The Inspector of Police (Crime) R3 , Ashok Nagar Police Station, Chennai. Crime No. 317/2022.

2. The XVII Metropolitan Magistrate, Saidapet, Chennai.

3.The Public Prosecutor, High Court of Madras, Madras.

SUNDER MOHAN J.

gbi CRL OP No. 11557 of 25-04-2025