Farhana Parveen @ Barhana Parvin v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Farhana Parveen @ Barhana Parvin ... Petitioner / Accused No.2 Vs The State of Tamil Nadu Represented by the Inspector of Police, District Crime Branch, Karur District.
(Crime No.8 of 2024) ... Respondent/Complainant For Petitioner : Mr.S.Sathyachidambaram, Advocate For Respondent : Mr.B.Thanaga Aravindh, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 8 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, 420 and 120(B) of IPC, in Crime No.8 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the accused persons were running unauthorized chit and they had collected huge amounts from various persons. There are totally 4 accused persons in this case and the petitioner has been arrayed as A2 and she is the daughter of A1.
3. When the matter came up for hearing on 03.01.2025, this Court was informed that the case involves money that was collected from nearly 49 persons to the total tune of Rs.99,50,000/-. In the light of this submission, this Court directed the respondent to file a status report. Accordingly, a status report has been filed before this Court.
4. In the course of investigation, it came to light that the accused persons had collected money from 15 persons to the total tune of Rs.27,24,266/-. Insofar as the petitioner, who has been added as A2, a sum of Rs.1,06,206/- had come into her Gpay account. Likewise, the amounts that have come into the G-pay accounts of each accused person has been specifically identified by the investigation officer. 2/6
5. The learned counsel for the petitioner submitted that A1 was running the chit fund and the petitioner had nothing to do with this business.
6. Heard the learned counsel on either side and perused the material records of the case.
7. In the considered view of this Court, a specific amount has come into the Gpay account of the petitioner. In view of the same, this Court is inclined to grant anticipatory bail to the petitioner by imposing necessary conditions.
8. 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 Additional Mahila Court cum Judicial Magistrate, Trichy, 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: 3/6
[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 is directed to deposit a sum of Rs.1,00,000/- to the credit of the Crime No.8 of 2024 on the file of the learned District Munsif cum Judicial Magistrate, Aravankurichi within a period of 4 weeks from the date of receipt of a copy of this order without prejudice to her rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties. Only upon deposit, the petitioner shall be enlarged on anticipatory bail. [c] the petitioner shall appear before the respondent police as and when required.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial. 4/6
[f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
Sd/- 20/01/2025 / 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, AVARANKURICHI, KARUR DISTRICT.
2 DO-THROUGH -THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.
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3 THE ADDITIONAL MAHILA JUDGE CUM JUDICIAL MAGISTRATE, TRICHY.
4 DO-THROUGH -THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT.
5 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KARUR DISTRICT.
6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.23119 of 2024 Date :20/01/2025 ES/SKN/SAR /31.01.2025/ 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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