Shifa Ameen v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Shifa Ameen D/o. Hameed Ibrahim Ameen.
No.3H, C-Block, Vaigund Govardhan Apartments, Sholinganallur, Chennai-600 119.
..Petitioner(s) Vs State Represented by Inspector of Police Central Crime Branch (CCB) Tambaram City.
Crime No.116 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to grant bail to the petitioner in the event of her arrest in connection with Crime No.116 of 2026 on the file of the respondent police and thus render justice.
For Petitioner(s):
Dr. C.E. Pratap For Respondent(s):
MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE) MR.N.S.SIVAKUMAR For Intervener :
ORDER
The petitioner apprehends arrest for the alleged offence punishable under Sections 406, 420, 294(b), 506(2) of IPC, in Crime No.116 of 2026 on the file of the respondent police, seeks anticipatory bail.
2. The allegation against the petitioner is that the petitioner along with other accused, was running an online trading scheme and induced the defacto complainant and other victims to invest money, thereby cheated them to a tune of Rs.1.70 crores. Hence, the present case.
3. The learned counsel appearing for the petitioner submitted that there are seven accused in this case and that the petitioner is arrayed as A3. He further submitted that the petitioner is the wife of A1, that she is innocent, and she has been falsely implicated in this case. He further submitted that she is ready to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.
4. The learned counsel appearing for the intervener submitted that a sum of Rs.7,40,00,000/- was cheated from nine victims. He further submitted that a sum of Rs.10 lakhs was transacted through the petitioner's bank account. Hence, he prayed for dismissal of the anticipatory bail petition.
5. The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and submitted that there are seven accused in this case and that the petitioner is arrayed as A3, being the wife of A1. He further submitted that the investigation is still pending. Hence, he opposed to grant anticipatory bail to the petitioner.
6. I have given anxious consideration to the submissions made by the learned counsel on either side and also perused the records available.
7. In the present case, the petitioner has filed an undertaking affidavit
stating that she is ready and willing to deposit a sum of Rs.10 lakhs to the credit of Crime No.116 of 2026. The said affidavit has been taken on file and was extracted as follows:
8. Though, according to the prosecution, the total amount allegedly cheated is Rs.7,40,00,000/- as submitted by the learned counsel for the intervener, the amount alleged to have been transacted through the petitioner's bank account is only Rs.10 lakhs. The petitioner has come forward with an undertaking affidavit expressing her willingness to deposit the said amount. Considering the totality of the circumstances of the case and the fact that the petitioner is a woman, this Court is of the firm view that custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.
9. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.I, Tambaram, 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 learned Magistrate concerned, and on further conditions:
(i) The petitioner is ordered to be enlarged on bail on condition that the petitioner shall deposit a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) to the credit of Crime No.116 of 2026 on the file of the Judicial Magistrate No.I, Tambaram, within a period of two weeks from the date of receipt of a copy of this order.
(ii) On such deposit being made, the Trial Court shall redeposit the said amount in a Fixed Deposit Account, in any one of the Nationalised Banks, renewable thereafter periodically. The disbursal of this amount shall be decided at the culmination of the Criminal Original Petition. (iii) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(iv) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;
(v) The petitioner shall report before the respondent Police, daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (vi) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as
laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];
(vii) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
23-06-2026 DRL To
1. The Judicial Magistrate No.I, Tambaram.
2.The Inspector of Police Central Crime Branch (CCB) Tambaram City.
3.The Public Prosecutor, High Court, Madras.
C.KUMARAPPAN, J.
DRL (2/2) 23-06-2026