CRL OP NO. 906 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-01-2025 CORAM THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 906 of 2025 Amutha W/o. Mani, No.69/5, Mettu Street, Kaladipet, Thiruvottiyur, Chennai-19 and 2 Others Petitioner(s) Vs State Rep By The Inspector of Police Rajamangalam Police Station, Chennai District. (Crime No. 469 of 2024) Respondent(s) For Petitioner(s): P.Chandra Sekar P.Chandrasekar M.Sathyasai Eswari M.Vetrivel M.Rajkumar For Respondent(s): Public Prosecutor ORDER The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420 and 34 of I.P.C in Crime No.469 of 2024, on the file of the respondent police, seek anticipatory bail. https://www.mhc.tn.gov.in/judis 2. Learned counsel appearing for the petitioners would submit that the petitioners received a sum of Rs.18,50,862/- as been for releasing gold jewels at Rupeek Bank and to pledge the same in the defacto complainant's bank and the money has been transferred to the Rupeek Bank. However, the Rupeek bank has neither returned the money nor returned the gold jewels. Hence, the petitioners have not committed any offence and due to the mistake of Rupeek Bank, they have been falsely implicated in this case. He further submitted that the petitioners are innocent and they have not committed any offence, as alleged by the prosecution and they have been falsely implicated in this case. He would further submit that the petitioners are ready to abide by any condition, that may be imposed by this Court and also to appear and co-operate for the investigation, therefore, he prayed for the grant of anticipatory bail to the petitioners. 3. The case of the prosecution as put forth by the learned Government Advocate (Crl. Side) appearing for the respondent police opposed for granting anticipatory bail to the petitioners, is that the defacto complainant lodged a complaint against the petitioners stating that they have received a loan amount of Rs.18,50,862/- for releasing gold jewels at Rupeek Bank and repledge the same in the defacto complainant's bank. Thereafter, the petitioners neither repaid the loan amount nor repledged the gold jewels with the defacto complainant's bank. 4. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. https://www.mhc.tn.gov.in/judis Side) appearing for the respondent police and perused the materials available on record including the FIR. 5. Having heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent Police, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions and accordingly, the petitioners are ordered to be released on 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 XIII Metropolitan Magistrate, Egmore on condition that the petitioners shall execute separate 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 fails 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 on everyday at 10:30 A.M., until further orders; [d] the petitioners shall not tamper with evidence or witness either during the investigation or during the trial; https://www.mhc.tn.gov.in/judis [e] the petitioners shall not abscond either during the investigation or during the 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 were 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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 30-01-2025 msv To The Inspector of Police Rajamangalam Police Station, Chennai District. https://www.mhc.tn.gov.in/judis