Elizabath v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Elizabath D/o.Sebastian Door No.40/645, Vignesh Avenue, No.4, Veerapandi Press Colony Post, Coimbatore-641 019.

Petitioner(s) Vs The State Rep by its The Inspector of Police, Cuddalore District Crime Branch, Cuddalore. Crime No.31/2024.

Respondent(s) For Petitioner(s):

S Jayaseelan For Respondent(s):

S.Santhosh Government Advocate (criminal Side),madras High Court.

O R D E R

Apprehending arrest in connection with Crime No.31 of 2024 registered for the offences punishable under Sections 316(2), 318(4) of BNS, 2023 , the present petition has been filed by the petitioner seeking anticipatory bail.

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2. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seek indulgence of this Court. He would further submit that the petitioner is the employer and she has not committed any offence. He submits 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 is that, the accused by running a consultancy company, induced the defacto complainant on the assurance of providing job to his son, has received a sum of Rs. 25 lakhs and thereby cheated the defacto complainant.

4. Further, having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the 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 their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif Cum Judicial Magistrate Court at Kurinjibadi, on condition 2/5

that the petitioner shall execute separate 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and 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 on all working days at 10.30.a.m., for a period of one week and thereafter as and when required for interrogation. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner shall not abscond 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 3/5

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 abscond, a fresh FIR can be registered under Section 269 B.N.S.

28.01.2025 Sma To

1. The Inspector of Police, Cuddalore District Crime Branch, Cuddalore.

2. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

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