Devi v. The State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:18.12.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO. 33812 of 2025 Devi Petitioner/A9 Vs The State rep. by The Inspector of Police Economic Offence Wing-2 Chennai Crime No. 04 of 2015

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest pending investigation in Crime No. 04 of 2015 on the file of the respondent police.

For Petitioner : Mr.Ramprabu S.

For Respondent : Ms.J.R.Archana, Government Advocate (Criminal Side) ----

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406, 420 and 120(b) of IPC in Crime No. 04 of 2015, on the file of the respondent Police, seeks anticipatory bail.

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2. The allegation against the petitioner is that the petitioner is ranked as A9 in this case and she is one of the staff of the company who is alleged to have been collecting various deposits to the extent of Rs.2,00,26,473/- from 3042 victims, and subsequently, the petitioner along with other accused failed to return the money and cheated the de-facto complainant and others. Hence the case.

3.The learned Counsel for the petitioner submits that the petitioner is only a staff and she has not personally collected any money and money from the victims and deposited into the company's account. He further submits that this case was of the year 2015 and she is ready to co-operate with the investigation. He further submits that the co-accused were already arrested and released on bail in some other cases. He also submits that the petitioner is ready to abide by any conditions imposed by this Court and he prayed to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent, reiterated the prosecution case and submits that totally ten accused involved in this case, and A1 to A8 are the company officers and the petitioner is ranked as A9, a staff of the company. She further submits that 2/6

the petitioner collected to the tune of Rs.2,00,26,473/- from 3042 victims. He further submits that the investigation is pending. He opposed to grant anticipatory bail to the petitioner.

5.Considering the fact that the petitioner is already arrested in connection with another case concerning the very same similar offences and present case was also registered in the year 2015, and the respondent has not chosen to arrest the petitioner herein in this case and also considering the overt-act attributed against the petitioner, wherein she has not retained the money collected from the depositors but deposited it into the company's account, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner 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 on which the order copy made ready, before the learned Chief Metropolitan Magistrate Court at Egmore, Chennai, 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 that: 3/6

(a) If the petitioner fails to surrender before the concerned Magistrate, within a period of fifteen 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 the identity proofs to ensure their identity;

[c] the petitioner shall report before the respondent Police daily at 10.30 a.m for a period of three weeks and thereafter, as and when required for interrogation;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. 4/6

State of Kerala [(2005)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 18.12.2025 MSM To 1.The Chief Metropolitan Magistrate Court at Egmore, Chennai. 2.The Inspector of Police Economic Offence Wing-2 Chennai Crime No. 04 of 2015

3. The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

MSM Crl.O.P.No. 33812 of 2025 18.12.2025.

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