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Madras High CourtCRL OP/3009/2021granted

V.Uma Mageswari v. The Inspector Of Police

2021-02-17Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.02.2021 CORAM :

THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.3009 of 2021 V.Uma Mageswari ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by The Inspector of Police, Nazarethpet Police Station, Chennai 600 056.

2.The Commissioner of Police, Vepery, Chennai-7.

3.The Inspector of Police, Tiruchanoor Police Station, Tirupati Urban, Chittoor District, Andhra Pradesh State.

4.The Superintendent of Police, Tirupati Urban, Andhra Pradesh State.

... Respondents Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioners on interim anticipatory bail in the event of his arrest in Crime No.10 of 2021 pending investigation on the file of the 3rd respondent.

For Petitioner : Mr.S.Arunkumar For Respondent(s) : Mr.S.Karthikeyan Addl. Public Prosecutor

O R D E R

(This case has been heard through video conference) This Criminal Original Petition has been filed by the petitioner seeking to enlarge him on interim / transit anticipatory bail in the event of arrest by the 3rd respondent in connection with a case registered in Crime No.10 of 2021 for the alleged offence under Section 379 of IPC.

2. The learned counsel for the petitioner would submit that both the petitioner and the de facto complainant were doing bachelor's degree in law together in Tirupati. They have been known to each other for the past six years. The de facto complainant borrowed a sum of Rs.8,00,000/- from the petitioner for purchase of a car promising to return the amount in a month's time, but, he did not return. When the petitioner demanded back the amount, a false case has been foisted against her for theft of a car. He further submitted that interstate anticipatory bail may be granted to the petitioner to enable her to move the appropriate jurisdictional Court for necessary relief.

3. The learned Additional Public Prosecutor would, on instructions, submit that the concerned respondent has no intention to arrest the petitioners, however, on instructions he would further submit that there is a case pending against the petitioners on the file of the 3rd respondent.

4. Taking into consideration that there is an apprehension of arrest by the 3rd respondent, this Court is inclined to grant inter-state interim anticipatory bail to the petitioner.

5. Accordingly, interim interstate anticipatory bail is granted to the petitioner for a period of four weeks, on condition that the petitioner shall surrender before the learned V Metropolitan Magistrate, Egmore, Chennai, within a period of fifteen days from the date on which the order copy is made ready and shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the said learned Magistrate concerned. Further, within two weeks from the date of execution of bail bond, the petitioner shall approach the competent jurisdictional Court in the State of Andhra Pradesh and seek appropriate relief failing which, this order of anticipatory bail shall automatically get cancelled.

In the result, This petition stands ordered in the above terms.

-sd/- 17/02/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE METROPOLITAN MAGISTRATE NO.V, EGMORE, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE NASARATHPET POLICE STATION, CHENNAI -600 056.

5 THE COMMISSIONER OF POLICE VEPERY, CHENNAI - 7 6 THE INSPECTOR OF POLICE TIRUCHANOOR POLICE STATION, TIRUPATI URBAN, CHITTOOR DISTRICT, ANDHRA PRADESH STATE 7 THE SUPERINTENDENT OF POLICE TIRUPATI URBAN, ANDHRA PRADESH STATE +1CC to M/S.S.ARUNKUMAR Advocate on payment of necessary charges SR NO.1951 CRL OP.3009/2021 Date :17/02/2021 MK:23/02/2021