Bhuvaneshwari v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Bhuvaneshwari ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Virudhunagar West Police Station, Virudhunagar District.

(Crime No. 3/2023).

... Respondent/Complainant For Petitioner : MR.Ramasamy S, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS / 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.3 of 2023 on the file of the Respondent police. 1/5

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 120B, 406, 420, 465, 468 and 471 of IPC, in Crime No.3 of 2023, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner is working as an employee at Sriram Chits Tamil (P) Ltd., at Virudhunagar. At the instigation of the petitioner, the defacto complainant joint a sum of Rs.3,00,000/- auction chit and paid 3 months installments and thereafter, she stopped to pay the amount. At the time of joining the auction chit, she also had given documents and sureties. Thereafter, the she came to know that the petitioner along with other accused had received a loan amount of Rs.8,00,000/- in the name of the defacto complainant by using a forged debit card and by producing forged documents. Hence, the complaint. 3.Heard both sides.

4.Even though earlier anticipatory bail petition filed by the petitioner in Crl.OP (MD)No.12624 of 2024 was dismissed by this Court on 05.08.2024, considering argument of the learned counsel for the petitioner that without prejudice to her 2/5

contentions, the petitioner will deposit a sum of Rs.3,00,000/- to the credit of crime number, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5.Accordingly, as undertaking given by the petitioner, the petitioner shall pay a sum of Rs.3,00,000/- (Rupees Three Lakhs Only) to the credit of Crime No.3 of 2023, without prejudice to her rights and contentions before the trial Court and produce the receipt/acknowledgement before the learned Judicial Magistrate No.I, Virudhunagar. 6.On production of such receipt, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Virudhunagar, 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 learned Magistrate concerned and on further conditions 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; 3/5

(b)the petitioner shall report before the respondent police daily at 10.30 am for a period of two weeks 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 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 11/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar (CS- I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO

1. The Judicial Magistrate No.I, Virudhunagar.. 4/5

2. Do-Through The Chief Judicial Magistrate, Viruthunagar District @ Srivilliputhur.

3. The Inspector of Police, Virudhunagar West Police Station, Virudhunagar District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.RAMASAMY, Advocate ( SR-11203[I] dated 11/09/2024 )

ORDER

IN CRL OP(MD) No.15067 of 2024 Date :11/09/2024 RK/SG (24/09/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5