Rasathi v. State Rep By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.16747 of 2025 Rasathi ... Petitioner

Versus

The State rep by its, The Inspector of Police, Kanchi Taluk Police Station, Kancheepuram District.

(Crime No.498 of 2024) .. Respondent Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.498 of 2024 on the file of the respondent police. For Petitioner :

Mr.D.Dayalan For Respondent :

Mr.S.Udaya Kumar, Government Advocate (Crl. Side) For Intervener : Mr.P.K.Ganesh

O R D E R

The petitioner, who apprehends arrest by the respondent police for the offences punishable under Sections 406 and 420 of IPC, 1860 in 1/6

Crime No.498 of 2024 seeks anticipatory bail. 2.The allegation against the petitioner is that the petitioner joining hands with other accused had collected a sum of Rs.3,10,890/- as chit amount. Subsequently, failed to repay the chit amount. Hence the complaint.

3.The learned counsel appearing for the petitioner submitted that there are three cases registered against the petitioner. He further submitted that since the petitioner is the wife of arrested accused, she has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned counsel for the intervener submitted that the total amount involved is Rs.3,10,890/-. He further submitted that the petitioner is a habitual offender and she has not repaid any amount to the defacto complainant. Hence, he opposed to grant anticipatory bail to the petitioner.

5. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there are totally three cases were registered against the petitioner. He further submitted that A2 and A3 were already released on bail; and that no money was recovered from this petitioner. Hence, he opposed for grant of 2/6

anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl.side) and perused the materials available on record.

6. Considering the submissions made by the learned counsel on both sides and the fact that three cases were registered against the petitioner, out of which in two cases petitioner granted bail in Crl.OP.Nos.21391 & 21488 of 2025, the allegations levelled against the petitioner are similar in nature. Therefore, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.II, Kancheepuram, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen 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 and on further condition that:

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(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, 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

25.10.2025 drl 4/6

To 1.The Judicial Magistrate No.II, Kancheepuram.

2. The Inspector of Police, Kanchi Taluk Police Station, Kancheepuram District.

3.The Public Prosecutor, High Court, Madras.

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K.RAJASEKAR, J.

drl CRL.O.P.No.16747 of 2025 (2/2) 25.10.2025 6/6