Ilakkiya @ Elakkiya v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-06-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Ilakkiya @ Elakkiya Petitioner(s) Vs The State Rep. by the Inspector of Police, Thirunavalur Police Station, Kallakurichi District.

(Crime No.209 of 2025) Respondent(s) PRAYER This Criminal Original Petition is filed under Section 482 of BNSS Act 2023 to enlarge the Petitioner on bail in the event of her arrest by the respondent police concerned in Crime No. 209 of 2025 on the file of the respondent. For Petitioner(s):

Mr.R.Parthiban For Respondent(s):

M/s. Vinoth Raja GA (Crl. Side)

ORDER

The petitioner, apprehends arrest for the alleged offences under Section 420 of IPC in Crime No.209 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner cheated the defacto complainant and 19 others to the tune of Rs.3,48,000/- by collecting Diwali chit fund scheme, promising gold and silver ornaments, but failed to deliver the promised items, providing only grocery products instead. Hence, the case. 3.

The learned counsel for the petitioner would submit that the petitioner is innocent and she has been falsely implicated in this case. Now, petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, the learned counsel prays for anticipatory bail to the petitioner.

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 petitioner.

5.Taking into consideration the facts and circumstances of the case and also considering the submissions made on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the Judicial Magistrate Court No.II, Ulundurpet on condition that the petitioner 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 and on further condition that:

[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 as and when required for further interrogation; [c] the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh Only) to the credit of Crime No.209 of 2025 and shall produce the proof of payment before the learned concerned Magistrate at the time of executing the sureties. The learned concerned Magistrate shall deposit the same in the interest bearing fixed deposit scheme in any one of the nationalised banks.

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[f] 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

19-06-2025 Jai To 1.The Inspector of Police, Thirunavalur Police Station, Kallakurichi District.

2. The Judicial Magistrate Court No.II, Ulundurpet.

3. The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR J.

jai CRL OP No. 16893 of 19-06-2025