Sree Latha Vs State Rep.by, The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail in the event of arrest pending investigation in Crime No.247 of 2026 on the file of the respondent police.

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For Petitioner : Mr.K.Balasubramaniam For Respondent : Mr.N.Palanivel, Government Advocate (Crl.Side) ORDER

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The petitioner apprehends arrest for the alleged offence under Sections

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318(4) of BNS, 2023 in Crime No.247 of 2026 on the file of the respondent police seeks anticipatory bail.

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The allegation against the petitioner is that the defacto complainant

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advanced a sum of Rs.12.05 lakhs to the petitioner for redeeming gold jewels 1/4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.16075 of 2026 mortgaged with the Indian Overseas Bank. It is the submission of the learned counsel for the defacto complainant that, after receiving the said amount and redeeming the jewels, the petitioner failed to hand over the gold jewels as agreed.

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The learned counsel for the petitioner submits that the petitioner is innocent and he has not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case. It is the further contention of the learned counsel for the petitioner that there was an arrangement between the petitioner and the defacto complainant whereby, after redemption of the jewels, the defacto complainant was to melt the gold and pay the actual value of the pure gold. In such circumstances, the transactions are stated to have taken place between 16.10.2018 and 13.06.2025. However, the FIR came to be registered only on 06.05.2026. He further submitted that he is ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner.

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The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed to grant anticipatory bail to the petitioner.

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Though there are prima facie allegations against the petitioner, the dispute appears to arise out of monetary transactions between the parties. In 2/4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.16075 of 2026 such view of the matter, this Court is of the considered view that custodial interrogation of the petitioner is not required. Accordingly, this Court is inclined to enlarge the petitioner on anticipatory bail subject to certain conditions.

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Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate-VII, Coimbatore, on condition that the petitioner shall execute a 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 learned Magistrate concerned, and on further conditions:

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(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

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(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

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(c) The petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

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3/4

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https://www.mhc.tn.gov.in/judis

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rl.O.P.No.16075 of 2026

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C.KUMARAPPAN.J.

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jrs

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(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

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(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

25.06.2026

jrs

To

1.The Judicial Magistrate-VII, Coimbatore. 2.The Inspector of Police, Saibaba Colony Police Station, Coimbatore City. (Crime No. 247 of 2026)

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3.The Public Prosecutor, High Court of Madras.