Crl. O.P. No.10898 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :16.04.2025 CORAM THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P. No.10898 of 2025 R.Bharathi Settu ... Petitioner/Accused Vs. The State represented by- The Inspector of Police, Vadavalli Police Station, Coimbatore. (Crime No.120 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.120 of 2025 pending investigation on the file of the respondent Police. For Petitioner : Mr.N.Ponraj For Respondent : Ms.J.R.Archana, Government Advocate (Crl.Side) O R D E R This Criminal Original Petition has been filed by the petitioner who was arrested and remanded to judicial custody on 12.03.2025 seeking bail in Crime No.120 of 2025 registered for the offence under Sections 406 and 420 of IPC. 1/5 https://www.mhc.tn.gov.in/judis Crl. O.P. No.10898 of 2025 2. The case of the prosecution is that the petitioner and the defacto complainant are known to each other; that the defacto complainant had handed over 51 sovereigns of gold jewels to the petitioner for pledging the same and obtaining loan; that the petitioner had pledged the said jewels with a Finance Company and handed over a sum of Rs.8,00,000/- and had not given the pledge receipts; that when the defacto complainant repaid the said loan; and that petitioner neither returned the jewels nor the money and thus committed the aforesaid offence. 3. The learned counsel for the petitioner would submit that the allegations against the petitioner are false; that 51 sovereigns of gold jewels was handed over to the petitioner is false; that the defacto complainant failed to repay the loan amount and the jewels were auctioned and that in any case, considering the period of incarceration, she may be released on bail. 4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that on trust, the defacto complainant has handed over the jewel and also repaid the sum of Rs.8,00,000/- without obtaining any receipt from the petitioner and hence opposed for grant of bail to the petitioner. 2/5 https://www.mhc.tn.gov.in/judis Crl. O.P. No.10898 of 2025 5. Considering the aforesaid facts and the period of incarceration, this Court is of the view that further custody of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioner with certain conditions: 6. Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.VI, Coimbatore. [a] 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 shall report before the respondent Police, daily at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with evidence or witness 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 3/5 https://www.mhc.tn.gov.in/judis Crl. O.P. No.10898 of 2025 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 16.04.2025 rkp To 1.The Judicial Magistrate No.VI, Coimbatore. 2.The Inspector of Police, Vadavalli Police Station, Coimbatore. 3. The Superintendent, Central Prison, Coimbatore. 4. The Public Prosecutor, High Court of Madras. 4/5 https://www.mhc.tn.gov.in/judis Crl. O.P. No.10898 of 2025 SUNDER MOHAN., J. rkp Crl.O.P. No.10898 of 2025 16.04.2025 5/5 https://www.mhc.tn.gov.in/judis