S Viji Stella v. The State Rep By, the Inspector of Police

ORDER The petitioner, who apprehends arrest for the alleged offence under Sections 316(2) and 318(4) of BNS 2023 in Crime No.172 of 2026 on the file of the respondent police seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner along with the other accused are alleged to have received a sum of Rs.1,50,000/- from the de facto complainant towards the sale consideration for the purchase of the property and thereafter, cheated the de facto complainant.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the petitioner is ready and willing to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl. Side), appearing for the respondent police, while opposing the grant of anticipatory bail, reiterated the prosecution case and submitted that the petitioner cheated the de facto complainant to the tune of Rs.1,50,000/- by making a false promise to purchase the property.

¶5Taking into consideration the totality of the circumstances and upon the fact that the petitioner is a woman, this Court is of the view that, at this length of time, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

¶6Accordingly, 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 XXIII Metropolitan Magistrate, Saidapet, Chennai, 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:

(a) If the petitioner(s) 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;

(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;

(c) The petitioner(s) shall report before the respondent police as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner(s) in accordance with law as if the conditions have been imposed and the petitioner(s) 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];

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

,J.

KMI

7.This Criminal Original Petition is ordered accordingly.

03.07.2026 KMI To

¶1The J XXIII Metropolitan Magistrate, Saidapet, Chennai.

¶2The Inspector of Police, R-6 Kumaran Nagar Police Station, Ashok Nagar, Chennai 600 083.

¶3The Public Prosecutor, High Court of Madras.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN S.Viji Stella ... Petitioner(s) Vs. State represented by, The Inspector of Police, R-6 Kumaran Nagar Police Station, Ashok Nagar, Chennai 600 083. Crime No.172 of 2026 ... Respondent(s) 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 her arrest in connection with Crime No.172 of 2026 on the file of the respondent police. For Petitioner(s) : Mr.S.Ramesh Kumar For Respondent(s) : Mr.N.Palanivel, Government Advocate (Crl.Side)