Santhiya v. The State of Tamil Nadu rep byThe Inspector of Police

CRL.OP(MD). No.2170 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 07.02.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.2170 of 2025Santhiya... Petitioner / Accused No.3Vs.The State of Tamil Nadu rep byThe Inspector of Police, District Crime Branch, Tenkasi, Tenkasi District.(Crime No.12 of 2024)... Respondent / ComplainantR.Sathyapriya...Petitioner/Defacto ComplainantPRAYER :- The Criminal Original Petition filed under Section 482 of the BharatiyaNagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to thepetitioner in Crime No.12 of 2024 on the file of the respondent police. For Petitioner :Mr.K.P.Sankarakumarakurubaran, AdvocateFor Respondent:Mr.K.Sanjay Gandhi, Government Advocate(Criminal Side)For Intervenor:Mr.R.Anandha Raj, Advocate 1/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2170 of 2025ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 30.01.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant an order of pre-arrest bail.2. The petitioner apprehends arrest at the hands of the respondent police for theoffences punishable under Sections 406, 420 and 506(1) of IPC, 1860, in Crime No.12of 2024 on the file of the respondent police.3. The case of the prosecution is that the defacto complainant had invested ahuge amount of Rs.65,02,880/- in the jewelry shop running by the accused persons invarious installments through online mode and by way of cash during the periodbetween January 2021 and August 2024, on the promise that she can get huge profitbut they have given only a sum of Rs.3,45,850/- as profit. However, on 07.08.2024, theaccused persons closed down the business without any prior intimation to thedefacto complainant. When the defacto complainant asked the same to the accusedpersons, they refused to return the money and also abused in filthy language andthreatened with dire consequences. Hence, the case.2/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2170 of 20254. Mr.K.P.Sankarakumarakurubaran, the learned counsel for the petitioner, submits that the petitioner is an innocent person and she has not committed anyoffence as alleged by the prosecution. He further submits that the petitioner is awoman and she has been implicated only as she is the daughter of Accused Nos.1and 2 and the petitioner is ready to abide by any conditions to be imposed by thisCourt. He therefore prays for grant of pre-arrest bail to the petitioner.5. Per contra, Mr.K.Sanjay Gandhi, the learned Government Advocate (CriminalSide) appearing for the respondent-police, submits that there are totally 3 accusedpersons in this case and the petitioner has been arrayed as Accused No.3. He furthersubmits that Accused Nos.1 and 2 were arrested and released on bail. He furthersubmits that the amount involved in this case is nearly Rs.65 lakhs. However, only asum of Rs.3 lakhs has been recovered and remaining amount is not yet recovered andinvestigation is not yet completed. Therefore, he contends that custodial interrogationof the petitioner is necessary in this case. Accordingly, he prays to dismiss thisCriminal Original Petition. 6. Heard on both sides. This Court has perused the records. 3/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2170 of 20257. Considering the nature of offence alleged against the petitioner and alsoconsidering the fact that the petitioner is a woman and the alleged overt act of thepetitioner, this Court is of the view that custodial interrogation is not necessary in thiscase. Hence, this Court is inclined to grant an order of pre-arrest bail to the petitionersubject to the following conditions.(i) The petitioner shall be released on pre-arrest bail in the event of her arrest orin the event of her surrender before the learned Judicial Magistrate No.I, Tirunelveli, within a period of 15 days from date on which the order copy is made ready, onexecuting a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only)along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Thousandonly) to the satisfaction of the learned Judicial Magistrate No.I, Tirunelveli.(ii) The sureties shall affix their photographs and left thumb impression in theApplication for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019]. The learned Judicial Magistrate shall obtain a copy of any one ofidentity proofs to ensure their identity.(iii) Thereafter, the petitioner shall appear and sign before the respondent-police weekly twice i.e., every Monday and Friday at 10.00 a.m. until further orders.4/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2170 of 2025(iv) The petitioner shall furnish her residential address and mobile number tothe concerned Magistrate.(v) The petitioner shall not, directly or indirectly, cause any threat to the defactocomplainant and witnesses and shall not tamper the evidence.(vi) On breach of any of the aforementioned conditions, the learned JudicialMagistrate or Trial Court, as the case may be, is entitled to pass appropriate ordersagainst the petitioner in accordance with law as if the aforementioned conditions areimposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State ofKerala [(2005) 13 SCC 283]. 8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 07/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023. pal5/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2170 of 2025TO1.THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI,2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.3.THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TENKASI, TENKASI DISTRICT.4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.2170 of 2025 Date :07/02/2025RK/SKN (21/02/2025) 6P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023 6/6