Chandini v. The Inspector Of Police,
CRL OP NO. 31301 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-12-2024
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 31301 of 2024 Chandini D/o.Mr.Babu, No.150, Solomon Nagar, Arikamedu, Avadi, Vellanur, Thiruvallur District-600 062.
Petitioner(s) Vs The Inspector of Police, Avadi- Tank factory Police Station, In Crime No.226 of 2024.
Respondent(s) Criminal Original Petition filed u/s. 482 of BNSS Act, 2023 praying to enlarge the petitioner on anticipatory bail in the event of their arrest by the respondent police in Crime No. 226 of 2024 on the file of the respondent police.
For Petitioner(s): Panjalirajan Varatharajan For Respondent(s): Mr.S.Santhosh, Govt. Adv. Crl.Side ---
ORDER
Apprehending arrest in connection with Crime No226 of 2024 registered for the offences punishable under Sections 406 & 420 of IPC, the Page No.1 of 5
present petition has been filed seeking anticipatory bail. 2.Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seeks indulgence of this Court. He further submits that the petitioner is innocent and settlement talks are currently underway between the petitioner and the de-facto complainant. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this court.
3. The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner had cheated the de-facto complainant under the guise of securing a job to the tune of Rs.3,90,000/-. He further submitted that some settlement talks are underway between the parties and there is no previous case is pending against the petitioner.
4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the Page No.2 of 5
materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, he is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Ambattur, 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 said Magistrate, on further condition that:
[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the petitioner and the sureties shall affix his 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;
[c] the petitioner shall report before the respondent Police everyday at 10.30 a.m until further orders; [d] the petitioner shall not tamper with evidence or Page No.3 of 5
witness either during investigation or trial; [e] the petitioner shall not abscond 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 BNS. = 16.12.2024 MSM To
1. The Inspector of Police, Avadi- Tank factory Police Station, In Crime No.226/2024.
2.The Public Prosecutor, High Court, Madras.
A.D.JAGADISH CHANDIRA , J.
MSM Page No.4 of 5
Crl.O.P.No.31301 of 2024 16.12.2024 Page No.5 of 5