Sujatha v. The State Rep. By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.05.2025
CORAM
THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR 1.Sujatha 2.Sasirekha 3.Mohan Kumar ... Petitioners -vsThe State Represented by, The Inspector of Police, Katpadi Police Station, Vellore District.
(Crime No.64 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on anticipatory bail in the event of arrest in Crime No.64 of 2025 on the file of the respondent. For Petitioners :
Mr.B.J.Santhosh Kumar For Respondent :
Mr.V.Meganathan, Government Advocate (Crl.Side) ******** 1/6
ORDER
The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Section 305 of BNS, 2023, in Crime No.64 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that on 30.08.2024 the complaint was given by one Anbazhagan that her wife name is Sujatha and they had two daughters, his wife has given a sum of Rs.80,000/- to her relatives namely Sasirekha ad her husband without asking him, after knowing this the complainant asked this to his wife and went to work. When he was returned from his work, he realized his wife took Rs.80,000/- 40 sovereigns of jewels, certificates, passbooks and land documents. Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.
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4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the 1st petitioner already granted bail by this Court in Crl.O.P.No.10559 of 2025 on 25.04.2025, there is a strong relationship between the petitioners. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Katpadi, on condition that the petitioners 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) if the petitioners fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; 3/6
(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 their Aadhar card or Bank pass Book to ensure their identity; (c) the petitioners shall report before the respondent police as and when required;
(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 petitioners in accordance with law as if the conditions have been imposed and the petitioner 4/6
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 B.N.S.2023.
15.05.2025 rna "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 learned Judicial Magistrate, Katpadi.
2.The Inspector of Police, Katpadi Police Station, Vellore District.
3.The Public Prosecutor, High Court, Madras.
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M.NIRMAL KUMAR, J.
rna 15.05.2025 6/6