Durga Devi v. The State By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-07-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN

1. Durga Devi

2. Mariyammal Petitioners Vs The State by, The Inspector of Police, Nallur Police Station, Tiruppur District, (Crime No. 754 of 2022) .

Respondent PRAYER This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the petitioners on bail in the event of apprehending arrest in the Crime No. 754 of 2022 on respondent police station, Thiruvarur District. For Petitioners:

Mr.Muthamizh Selvakumar P For Respondent(s):

Mr.Leonard Arul Joseph Selvam Govt Advocate (Crl Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 420 of IPC in Crime No.754 of 2022, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant has given 10 Sovereigns of gold jewels to the petitioners for bride seeing function and the same was not returned by the petitioners and later it came to know that the gold jewels are pledged by the petitioners. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. However, without prejudice to their defence, the petitioners are ready to deposit a sum of Rs.1.5 lakhs each to the credit of crime number and they are also ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police, reiterated the prosecution's case and opposed for grant of anticipatory bail to the petitioners.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record.

6. Considering the nature of the allegations and the submissions made by the learned counsel appearing on either side and since, custodial interrogation of the petitioners are not required, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.Accordingly, the petitioners shall deposit a sum of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) each to the credit of Crime No.754 of 2022 and on such deposit and production of proof, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a

like sum to the satisfaction of the learned Judicial Magistrate Court No.IV, Tiruppur, and on further conditions that:

[a] if the petitioners fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

[c] the petitioners shall report before the respondent Police daily at 10.30 a.m., for a period of one week and thereafter as and when required for interrogation; [d] the petitioners shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial; [e] the petitioners shall make himself available for interrogation by a Police office as and when required; [f] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[g] the petitioners shall not abscond either during investigation or trial;

[h] 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];

[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

14-07-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State by, The Inspector of Police, Nallur Police Station, Tiruppur District, (Crime No. 754 of 2022) .

2, The Judicial Magistrate Court No.1V, Tiruppur.

3. The Public Prosecutor, High Court of Madras.

G.K.ILANTHIRAIYAN J.

gbi CRL OP No. 15144 of 14-07-2025