Padmapriya v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Padmapriya ... Petitioner Vs.

The State represented by The Inspector of Police, Avadi City Crime Branch, Avadi, Chennai - 600 055.

(Cr. No.105/2024).

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No. 105 of 2024.

For Petitioner :

Mr.D. Mario Johnson For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

Petition seeking bail in respect of Crime No.105 of 2024 registered for the offences punishable under Sections 406 & 420 IPC is on board for consideration.

2.The incarceration of the petitioner being from 26.10.2024 1/6

pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that petitioner's husband and de facto complainant's husband are both CRPF personnel, while living in staff quarters, they along with others were involved in online trading and incurred losses. Due to this loss, a false complaint was registered against the petitioner, alleging that she received money from the victims for medical and domestic expenses. 3.The learned counsel for the petitioner further submits that earlier on 11.06.2024 the petitioner filed a complaint at the T8 Avadi Police station stating that the de facto complainant had trespassed into the house of the petitioner and taken the original title deeds. He also submits that the petitioner filed a complaint against the trading companies on 20.07.2024. He also submits that the petitioner is no way connected with the alleged offences and he is ready to abide by any stringent condition that may be imposed by this court.

4.The case of the prosecution as per the de facto complainant is that the accused along with her husband who works in CRPF, received money on several occasions for their medical expenses and domestic 2/6

expenses from the de facato complainant and that when the de facto complainant demanded for repayment, the accused along with others threatened her. Totally, the petitioner cheated a sum of Rs.62,48,200/- from the de facto complainant and other victims.

5.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner under the guise of investing in online trading, received a sum of Rs.62,48,500/- and cheated the de facto complainant and others working in their locality. 6.Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing 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 learned I Judicial Magistrate, Poonamalle, and on further conditions that:

[a] the sureties shall affix their photographs 3/6

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 two weeks and thereafter, every Saturday at 10.30 a.m., until further orders;

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

[d] the petitioner shall not tamper with evidence or witness 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 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 04.12.2024 sai 4/6

To 1.

The I Judicial Magistrate, Poonamalle 2.

The Inspector of Police, Avadi City Crime Branch, Avadi, Chennai - 600 055.

3.

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

4.

The Public Prosecutor, High Court of Madras.

5/6

A.D.JAGADISH CHANDIRA., J.

sai 04.12.2024 6/6