Bharathi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Bharathi ... Petitioner / Accused No.2 Vs The State of Tamil Nadu Represented by the Inspector of Police, District Crime Branch, Pudukottai District.
(Crime No.14 of 2024) ... Respondent/Complainant For Petitioner : Mr.S.Rajesh Kanna, Advocate 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.14 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 417, 420, 465 and 468 of IPC, in Crime No.14 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. When the matter came up for hearing on 27.01.2025, this Court passed the following order:- "The learned Government Advocate (Criminal Side) appearing for the respondent, on instructions, submitted that a total sum of Rs.27,14,000/- has come into the account of the petitioner and a sum of Rs.2,00,000/- was also paid by way of cash. It was submitted that a huge amount has not been accounted for by the petitioner. It is evident that the petitioner has also participated in the business and has cheated the depositors along with the first accused. The learned Government Advocate (Criminal Side), appearing for the respondent, also submitted that there are a total of 10 victims in this case and a total sum of Rs.72,00,000/- is involved.
2. In reply to the above submission, the learned counsel appearing for the petitioner submitted that a total sum of Rs.33,24,000/- came into the account of the petitioner and the entire amount has been transferred 2/6
to the account of the first accused. To substantiate this, the learned counsel for the petitioner placed reliance on the additional typed set of papers filed today. The learned counsel appearing for the petitioner further submitted that he will identify the relevant bank entries and submit a separate memo of calculation to substantiate that the entire amount of Rs.33,24,000/- has been credited to the account of the first accused. He sought some more time.
3. The respondent police shall not resort to arrest till the next date of hearing.
4. Post this case on 30.01.2025."
3. When the matter was taken up for hearing yesterday, it was brought to the notice of this Court that a total sum of Rs.26,44,000/- was deposited in the account of the petitioner and this amount has been transferred by the petitioner to the account of A1 and the learned counsel for the petitioner sought for time to give the necessary particulars. Accordingly, the case was listed for hearing today.
4. When the matter was taken up for hearing today, the learned counsel for the petitioner placed all the relevant materials. It is seen that a total sum of Rs.26,44,000/- came into the account of the petitioner and out of the same, a sum of Rs.23,61,155/- was transferred to the account of A1 through NEFT and a sum of Rs.2,81,000/- was 3/6
transferred through cash deposit. The relevant papers to substantiate the same were also placed before this Court.
5. In view of the above, the defence of the petitioner is now available by means of records and hence, the custodial interrogation of the petitioner may not be required in this case.
6. In view of the above, 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 Court No.II, Pudukkottai, 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 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 Monday 4/6
and Friday at 10.30 a.m. until further orders. [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 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/- 31/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
PAL TO 1 THE JUDICIAL MAGISTRATE NO.II, PUDUKKOTTAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
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3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, PUDUKOTTAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.YESUDASAN, Advocate ( SR-1289[I] dated 31/01/2025 ) ORDER IN CRL OP(MD) No.1471 of 2025 Date :31/01/2025 SS/SKN/SAR. /17.02.2025/6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6