← Library
Madras High CourtCRL OP/13919/2018allowed

D.Vennila, F/A 38 Yrs, v. State Rep. By

2018-06-20Honourable Mrs Justice S. Ramathilagam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twentieth day of June Two Thousand Eighteen PRESENT The Hon`ble Mrs Justice S. RAMATHILAGAM CRIMINAL ORIGINAL PETITION No.13919 of 2018 D.VENNILA [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE(CRIME) M-8, SATHANGADU POLICE STATION, SATHANGADU, CHENNAI-68, CR.NO.230 OF 2018.

For Petitioner : M/S.S.PONNIVALAVAN Advocate For Respondent : MR.M.MOHAMED RIYAZ, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest for the alleged offences under Sections 406 and 420 of IPC in Crime No.230 of 2018 on the file of the respondent police, seeks anticipatory bail.

2. Heard both sides.

3. The case of the prosecution is that the petitioner had been arrayed as A2, she along with her husband had cheated the defacto complainant and others to the tune of Rs.11,65,000/-.

4. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and she has not committed any such offence and a false case has been foisted against the petitioner. He would also submit that the first accused had already been released on bail.

5. The learned Additional Public Prosecutor submitted that the amount involved had been recovered.

6. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner with the following conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of

fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Tiruvotriyur, Chennai, on executing 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner, shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. -sd/- 20/06/2018 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, TIRUVOTRIYUR, CHENNAI.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE(CRIME) M-8, SATHANGADU POLICE STATION, SATHANGADU, CHENNAI-68.

+1CC to M/S.S.PONNIVALAVAN Advocate on payment of necessary charges SR NO.11111 CRL OP.13919/2018 Date :20/06/2018 MK:27/06/2018