Radhika v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Radhika ... Petitioner Vs.

State of Tamil Nadu Rep.by Inspector of Police, Selaiyur Police Station, Crime No.634 of 2024.

... Respondent Prayer: Criminal Original Petition is filed under Section 528 BNSS, 2023, to set aside Crl.M.P.No.1403 of 2025 on the file of the Principal Sessions Judge, Chengalpattu dated 22.05.2025 and consequently, modify the bail order condition (1) in Crl.M.P.No.948 of 2025 on the file of the Principal Sessions Judge, Chengalpattu dated 05.04.2025. For Petitioner : Mr.P.Syed Abdul Mashood For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) 1/6

O R D E R

This Criminal Original Petition has been filed to set aside the order passed in Crl.M.P.No.1403 of 2025 dated 22.05.2025 by the Vacation Sessions Judge/Principal District and Sessions Judge, Chengalpattu and consequently, modify the bail order condition (1) in Crl.M.P.No.948 of 2025 on the file of the Principal District and Sessions Court, Chengalpattu dated 05.04.2025.

2.

The petitioner, who was arrested for the offences punishable under Sections 406 and 420 IPC in Crime No.634 of 2024 on the file of the respondent-Police, was granted statutory bail in Crl.M.P.No.948 of 2025 by the learned Principal District and Sessions Judge, Chengalpattu on 05.04.2025 on the following conditions :

''1. The petitioner/accused is directed to deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) into the account of the Judicial Magistrate No.II, Tambaram, concerned in Crime No.634 of 2024 of Selaiyur Police Station.

2. On such deposit, the petitioner/accused is ordered to be released on bail on her execution of bond for 2/6

Rs.10,000/- with two sureties each for a like sum to the satisfaction of the Judicial Magistrate No.II, Tambaram.

3. Further, the petitioner/accused is directed to report before the respondent police station daily at 10.30 a.m., for a period of 30 days.

4. The deposited amount is ordered to be refunded to the petitioner/accused, if the prosecution would fail to file Charge Sheet within a period of one year; if the prosecution would proceed the case by filing Charge Sheet, appropriate order shall be passed on completion of trial, in accordance with law ;

5. The petitioner/accused shall not tamper with the evidence either during investigation or trial ;

6. The petitioner shall not abscond either during investigation or trial; if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.''

Subsequently, the petitioner filed a petition in Crl.M.P.No.1403 of 2025 seeking to modify the conditions imposed on the petitioner in Crl.M.P.No.948 of 2024 dated 05.04.2025. However, the Court below dismissed the said petition. Aggrieved by the said order, the present petition has been filed by the petitioner.

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4. Heard both sides and perused the materials available on record.

5. On a perusal of the entire records it is seen that the main allegation against the petitioner is that he had received 19 sovereigns of gold jewels and also obtained various loans to the tune of Rs.8,50,000/- from the de-facto complainant, and thereby cheated him. The Court below, after taking into consideration the nature of the offences committed by the petitioner, while granting bail, had imposed certain conditions, which are justifiable. This Court does not find any reason to interfere with the order passed by the Court below. Therefore, the Criminal Original Petition is dismissed. However, if the petitioner wants to get benefit of the bail order, he has to comply with the conditions imposed by the Court below within a period of 15 days from the date of receipt of a copy of this order.

01.07.2025 Index : Yes/No Speaking Order : Yes/No ms 4/6

To 1.

The Principal District and Sessions Judge, Principal District and Sessions Court, Chengalpattu.

2.

The Superintendent, Special Prison for Women, Puzhal - III, Chennai.

3.

The Inspector of Police, Selaiyur Police Station, Chennai.

4.

The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J ms 01.07.2025 6/6