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Madras High CourtCRL OP/16361/2025granted

Subhashini Santhanam, v. The State Rep By The Inspector Of Police,

2025-10-10Honourable Mr.Justice K.Rajasekar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Subhashini Santhanam, Petitioner(s) Vs The State Rep by The Inspector of Police, P-2, Otteri Police Station, Chennai District. (Crime No. 366 of 2025) Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail in the event of arrest by the respondent police in Crime No. 366 of 2025 on the file of the P-2 Otteri Police Station, Chennai. For Petitioner(s):

Mr.Chandru M For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

The Petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420 & 406 of IPC in Crime No.366 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused have cheated the de-facto complainant to the tune of Rs.60 lakhs. Hence, the case.

3.The learned counsel for petitioner submitted that the respondent police, without conducting any inquiry, are attempting to implicate the petitioner, the wife of the accused, in the FIR, for reasons best known to them. He further submitted that the co-accused have been arrested and subsequently released on bail. Hence, he prays for the grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.side) appearing for the respondent police reported that the petitioner is the wife of A1 and through her account he had collected Rs.8,00,000/-. He further submitted that the

investigation is in progress. Hence, he opposed for grant of anticipatory bail to the petitioner.

5.I have considered the submissions made on both sides and perused the materials available on record.

6.This Court, while granting bail to A1, did not impose any condition to pay any money. The counter affidavit states that the petitioner received only Rs.25,000/-, and it is reported that the role of the petitioner was not accurately stated at the time of filing the counter to the bail application. Considering the nature of the offence, the fact that the petitioner is a women, the arrested coaccused have been released on bail, and custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions.

(a) Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his/her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned X Metropolitan Magistrate, Egmore, Chennai on condition that the petitioner shall execute a

bond for a sum of Rs.20,000/- (Rupees twenty 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[b] the petitioner shall report before the respondent everyday at 10:30 a.m., for a period of three weeks and thereafter as and when required for interrogation;

[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 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];

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

10-10-2025 gbi

To 1.The State Rep by The Inspector of Police, P-2, Otteri Police Station, Chennai District. (Crime No. 366 of 2025) 2.The X Metropolitan Magistrate, Egmore, Chennai.

3.The Public Prosecutor High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 16361 of 10-10-2025