Shiji v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Shiji ... Petitioner / Accused No.2 Vs The State of Tamil Nadu Represented by the Inspector of Police, Theppakulam Police Station, Madurai City.
(Crime No.679 of 2024) ... Respondent/Complainant For Petitioner : Mr.C.Susikumar, for M/s.Subash Law Office For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 679 of 2024 on the file of the respondent police. 1/6
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 406 and 420 of IPC, in Crime No.679 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that A1 is said to have received a total sum of Rs.10 lakhs from the defacto complainant with the promise that he will get a job for the defacto complainant in the Ministry of Ports, Shipping and Water ways, Government of India. Thereafter, the defacto complainant was cheated by showing a fake appointment order. There are totally 2 accused persons in this case and the petitioner has been arrayed as A2 and she is the wife of A1.
3. The learned senior counsel appearing on behalf of the petitioner submitted that the petitioner has been added as an accused since she happens to be the wife of A1. He further submitted that A1 has been released on statutory bail and that the petitioner has nothing to do with the alleged offence.
4. The learned Government Advocate (Criminal Side), on instructions, submitted that the accused persons - both A1 and A2 were acting together and they 2/6
received a sum of Rs.10 lakhs. Thereafter, they also gave an undertaking affidavit to the effect that they will repay back the sum of Rs.10 lakhs and went back on that undertaking.
5. Heard the learned counsel on either side and perused the material records of the case.
6. Taking into consideration the facts and circumstances of the case and considering the nature allegations made against the petitioner to the effect that she came along with A1 when the defacto complainant met A1 and also considering the fact that the entire allegations were against A1 who has been released on statutory bail, this Court is 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 her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Madurai, 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 3/6
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 every Saturday and Sunday at 10.30 a.m. for a period of 4 weeks and thereafter, as and when required.
[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 4/6
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 BNS, 2023.
sd/- 06/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
pal TO
1. THE JUDICIAL MAGISTRATE NO.I, MADURAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3. THE INSPECTOR OF POLICE, THEPPAKULAM POLICE STATION, MADURAI CITY.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.M/S.SUBASH LAW OFFICE, Advocate ( SR-214[I] dated 08/01/2025 )
ORDER
IN CRL OP(MD) No.68 of 2025 Date :06/01/2025 RK/SKN (22/01/2025) 6P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6