Rasathi v. State Rep By Its, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.09.2025
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.21391 of 2025 Rasathi ... Petitioner Vs.
State rep. By its The Inspector of Police, Kanchi Taluk Police Station, Kancheepuram District.
... Respondent (Crime No.525 of 2024) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of arrest in Crime No.525 of 2024 pending on the file of the respondent police. For Petitioner : Mr.D.Dayalan For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side)
ORDER
The petitioner, who apprehends arrest for the alleged offence under Sections 406 and 420 of IPC in Cr.No.525 of 2024 on the file of the respondent police seeks anticipatory bail.
2. The allegation against the petitioner is that the petitioner joining 1/5
hands with her husband, had collected a sum of Rs.3,05,000/- as chit amount. Subsequently, failed to repay the chit amount. Hence, the present case.
3. The learned counsel appearing for the petitioner submitted that there is specific allegations against the another accused and he was arrested and released on bail and released on bail. The petitioner herein is wife of the arrested accused. Hence, he prayed that anticipatory bail may be granted to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and reported that investigation is still pending . Hence, he opposed the grant of anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the fact that the co-accused was released on bail and the major allegations levelled against petitioner's husband, I am inclined to grant anticipatory bail to the petitioner.
7. 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 made ready, before the learned 2/5
Judicial Magistrate - II, Kancheepuram 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 condition: (a) If the petitioner failed to surrender before the concerned 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;
(b) 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; (c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of one week and thereafter, as and when required for interrogation;
(d) 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]; 3/5
(e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
26.09.2025 Vv To
1. The Judicial Magistrate - II, Kancheepuram.
2. The Inspector of Police, Kanchi Taluk Police Station, Kancheepuram District.
3.The Public Prosecutor High Court of Madras, Chennai 600 104.
K.RAJASEKAR , J.
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Vv Crl.O.P.No.21391 of 2025 26.09.2025 5/5