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Madras High CourtCRL OP/9444/2017granted

Aarthi, Aged 27 Yrs v. The State Rep.By

2017-05-17Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Seventeenth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.9444 of 2017 AARTHI, [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, MANGALAM POLICE STATION, TIRUPPUR DISTRICT CR.NO.188 OF 2017.

For Petitioner : M/S.S.ARUMUGAM Advocate For Respondent : MR.K.MATHAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offences under Sections 406 and 420 of IPC in Crime No.188 of 2017 and seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with the other accused is alleged to have received two sovereigns of gold from the defacto complainant and failed to return the same. 3.The learned counsel for the petitioner submitted that the petitioner has not committed any such offence as alleged by the prosecution and the present case has been foisted against her. 4.The learned Government Advocate (Crl.Side) submitted that the petitioner is arrayed as the first accused in this case and fairly conceded that the second accused has already been arrested and released on bail.

5.Taking into consideration the fact that the co-accused has already been granted bail, this Court is inclined to grant the relief of anticipatory bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail in the event of her arrest or appearance within a period of 15 days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.IV, Tiruppur, subject to the following

conditions:- (i)The petitioner 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 learned Judicial Magistrate No.IV, Tiruppur; (ii)The petitioner shall report before the respondent police as and when required for interrogation.

-sd/- 17/05/2017 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 JUDICIAL MAGISTRATE, NO.IV, TIRUPPUR 2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR[FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, MANGALAM POLICE STATION, TIRUPPUR DISTRICT +1 CC to M/S.S.ARUMUGAM Advocate on payment of necessary charges SR.NO. 9103 CRL OP.9444/2017 Date :17/05/2017 RD 19/05/2017