Rahmatnisha v. The Inspector Of Police C2 - Sunguvar Chathiram Police Station,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Rahmathnisha ... Petitioner -vsThe Inspector of Police, C2 - Sunguvar Chathiram Police Station, Sunguvarchathiram, Sriperumbudur Taluk, Kancheepuram District.

(Crime No.151 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioner on bail in the event of her arrest in Crime No.151 of 2025 on the file of the respondent police.

For Petitioner :

Mr.Dhanasekar For Respondents :

Mr.A.Gopinath, Government Advocate (Crl.Side) ******** 1/6

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 316(2), 318(4), 296(b) and 351(2) of BNS Act, in Crime No.151 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner's husband was commissioning a monthly Chit in which the defacto complainant is one of the subscriber of Rs.5,00,000/- and Rs.7,50,000/- chit and he had paid 10 installments in both the chits to the tune of Rs.6,71,250/-, during the halfway of the chit, when the defacto complainant demanded to repay the said sum of Rs.6,71,250/- the petitioner's husband refused the same. Hence, this case.

3. The learned counsel for the petitioner submitted that the petitioner have been falsely implicated in the present case for the reason to defame the name of the petitioner. He further submitted that the petitioner is willing to abide by any stringent conditions that may be imposed by this Court. Therefore, he prays for grant of anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Crl.Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case.

5. Considering the facts and circumstances of the case, this Court is 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 before the learned Judicial Magistrate, Sriperumbudur 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 shall deposit a sum of Rs.5,00,000/- to the credit of Crime No.151 of 2025 before the Judicial Magistrate, Sriperumbudur. The said exercise shall be 3/6

completed within a period of two weeks from the date of receipt of a copy of this order.

[b] the sureties shall affix her photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of her Aadhar card or Bank pass Book to ensure her identity;

[c] the petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of two weeks; [d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[f] 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];

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

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"Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code." To 1.The Judicial Magistrate, Sriperumbudur.

2. The Inspector of Police, C2 - Sunguvar Chathiram Police Station, Sunguvarchathiram, Sriperumbudur Taluk, Kancheepuram District.

3. The Public Prosecutor, High Court, Madras.

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