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Madras High CourtCRL OP/15258/2024dismissed

Jeevitha v. State Rep By

2024-07-01Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest for the alleged offences punishable under Sections 380, 384 and 420 IPC in Crime No.309 of 2024, on the file of the respondent police, seeks anticipatory bail.

2. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case, as if, she also conspired with her husband/A1 and cheated the defacto complainant, on many occasions. He further submitted that the petitioner is ready to abide by any condition that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

3. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that, petitioner, who is the wife of A1, had threatened the defacto complainant that they would publish some obscene photos and messages and also taken away 18 sovereigns of gold jewels and amount to the tune of Rs.10 lakhs/-.

The defacto complainant is a deaf and dum person. This petitioner's husband used to take the mobile phone of the defacto complainant and send some obscene messages to women. Subsequently, threatened the defacto complainant and demanded money. They also took away defacto complainant's original title deeds, taking advantage of his disability. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioner.

4.It is seen that, the anticipatory bail filed by this petitioner was dismissed. Learned counsel for the petitioner submitted that A1 was granted bail by the learned Judicial Magistrate No.II, Coimbatore. The learned Magistrate without appreciating the fact that defacto complainant is a deaf and dum and huge allegations were made against the accused, he had simply granted bail to A1, as if 8 weeks of judicial custody is sufficient. Therefore, this Court directs the Registry to call for explanation from the learned Judicial Magistrate No.II, Coimbatore, as on what ground he granted bail to the A1 and list the matter on 18.07.2024. 5.Considering the gravity of the offence and the fact that no recovery has

been made sofar, this Criminal Original Petition is dismissed. 6.Post the matter on 18.07.2024 along with the report of the learned Judicial Magistrate No.II, Coimbatore.

01.07.2024 gd Copy to The Judicial Magistrate No.II, Coimbatore.

T.V.THAMILSELVI,J.

gd

01.07.2024