Subhashini Santhanam, Vs The State Rep by The Inspector of Police

PRAYER Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail in the event of arrest by the respondent police in Crime No. 366 of 2025 on the file of the P-2 Otteri Police Station, Chennai.

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For Petitioner(s): Mr.Chandru M For Respondent(s): Mr.A.Gopinath Government Advocate (Crl.side)

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CRL OP No. 16361 of 2025

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ORDER

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The Petitioner, who apprehend arrest at the hands of the respondent police

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for the offences punishable under Sections 420 & 406 of IPC in Crime No.366

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of 2025, on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the petitioner along with other

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accused have cheated the de-facto complainant to the tune of Rs.60 lakhs.

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Hence, the case.

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3 .The learned counsel for petitioner submitted that the respondent police,

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without conducting any inquiry, are attempting to implicate the petitioner, the

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wife of the accused, in the FIR, for reasons best known to them. He further submitted that the co-accused have been arrested and subsequently released on

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bail. Hence, he prays for the grant of anticipatory bail to the petitioner.

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4.The learned Government Advocate (Crl.side) appearing for the

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respondent police reported that the petitioner is the wife of A1 and through her

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account he had collected Rs.8,00,000/-. He further submitted that the

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CRL OP No. 16361 of 2025

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investigation is in progress. Hence, he opposed for grant of anticipatory bail to

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the petitioner.

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5.I have considered the submissions made on both sides and perused the

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materials available on record.

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6.This Court, while granting bail to A1, did not impose any condition to

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pay any money. The counter affidavit states that the petitioner received only

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Rs.25,000/-, and it is reported that the role of the petitioner was not accurately

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stated at the time of filing the counter to the bail application. Considering the

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nature of the offence, the fact that the petitioner is a women, the arrested co-

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accused have been released on bail, and custodial interrogation of the petitioner

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is not required, this Court is inclined to grant anticipatory bail to the petitioner

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subject to certain conditions.

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(a) Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his/her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned X Metropolitan Magistrate, Egmore, Chennai on condition that the petitioner shall execute a

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CRL OP No. 16361 of 2025

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bond for a sum of Rs.20,000/- (Rupees twenty 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 said Magistrate, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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[b] the petitioner shall report before the respondent everyday at 10:30 a.m., for a period of three weeks and thereafter as and when required for interrogation;

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

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[d] the petitioner shall not abscond either during investigation or trial.

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[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 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

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[(2005)AIR SCW 5560];

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[ f ] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

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10-10-2025

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gbi

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CRL OP No. 16361 of 2025

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CRL OP No. 16361 of 2025

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To

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1.The State Rep by The Inspector of Police, P-2, Otteri Police Station, Chennai District. (Crime No. 366 of 2025) 2.The X Metropolitan Magistrate, Egmore, Chennai. 3.The Public Prosecutor High Court of Madras.

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CRL OP No. 16361 of 2025

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K.RAJASEKAR J. gbi

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CRL OP No. 16361 of 2025

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10-10-2025

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