Madras High CourtCRL OP(MD)/22093/2024allowed

Vijaya Samundiswari Alias Chamundeeswari v. The State Of Tamilnadu Rep. By

2024-12-13Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH

1. Vijaya Samundiswari @ Chamundeeswari,

2. Rajendran ... Petitioners/Accused No.2 & 3 Vs The State of Tamilnadu Rep., By, the Inspector of Police, Fort Police Station, Trichy City (Crime No. 724 of 2024).

... Respondent/Complainant For Petitioner : M/s. Karunakaran.K.M., For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No. 724 of 2024 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for 1/5

the alleged offence under Sections 417, 420, 294(b), 506(i), 120(B) of IPC in Crime No.724 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that A1 had received a total sum of Rs.25,00,000/- from various persons with a promise to get them a job at Dubai. Totally 16 persons had paid money and after they reached Dubai, they did not get any job and they were put to hardship without food and shelter. With very great difficulty, they returned back and when they questioned the same, they were abused in filthy language and were threatened with dire consequences. There are totally three accused persons in this case and the petitioners have been arrayed as A2 and A3.

3.A1 was arrested in this case and he was granted statutory bail by the learned Judicial Magistrate No.I, Trichirappalli in Cr.M.P.No.26639 of 2024 by order dated 28.10.2024.

4.The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that A2 is the sister of A1 and A3 is the husband of A2. A2 received a sum of Rs.2,20,000/- and A3 received a sum of Rs.1,53,000/-.

5. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent police.

6. Taking into consideration the facts and circumstances of the case and 2/5

considering the overt act attributed against the petitioners and also considering the fact that A1 was arrested in this case and later enlarged on statutory bail, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, this criminal original petition is ordered and the petitioners are ordered to be released on anticipatory 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 Judicial Magistrate No.I, Trichy, on condition that the petitioners shall execute a bond for a sum of Rs.

10,000/- (Rupees Ten Thousand only) each, 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 said Magistrate, on further condition that: [a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] the petitioners 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. [c] the petitioners shall report before the respondent police every Monday and Friday at 10.30 a.m for a period of six weeks and thereafter, as and when required for interrogation.

[d] the petitioners shall not tamper with evidence or witness either during 3/5

investigation or trial;

[e] the petitioners shall not abscond either during investigation or trial; [f] on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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; [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

[h]the first petitioner shall deposit a sum of Rs.2,20,000/- to the credit of the Crime No.724 of 2024 on the file of the learned Judicial Magistrate No.I, Trichy. [i]the second petitioner shall deposit a sum of Rs.1,53,000/- to the credit of the Crime No. 724 of 2024 on the file of the learned Judicial Magistrate No.I, Trichy. sd/- 13/12/2024 / TRUE COPY / / 12 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO 4/5

1 THE JUDICIAL MAGISTRATE NO.I, TRICHY.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE, FORT POLICE STATION, TRICHY CITY

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-15411[I] dated 13/12/2024 )

ORDER

IN CRL OP(MD) No.22093 of 2024 Date :13/12/2024 PSP/ SKN /SAR /26.12.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5