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Madras High CourtCRL OP(MD)/10796/2015allowed

Rajalakshmi v. The Inspector Of Police

2015-08-25Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fifth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10796 of 2015 RAJALAKSHMI ... PETITIONER / SOLE ACCUSED Vs THE STATE REB.BY THE INSPECTOR OF POLICE SIPCOT POLICE STATION, THOOTHUKUDI DT, CRIME NO.217/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.D.JAGADISH CHANDIRA Advocate For Respondent : MRS.S.PRABHA Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is the sole accused, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 406 and 417 of I.P.C., in Crime No.217 of 2015 on the file of the respondent police, seeks anticipatory bail.

2. According to the de-facto complainant, the accused, by giving promise of securing employment for his two sons, demanded Rs.13 lakhs and received Rs.6 lakhs, but she neither keep up the words nor return the amount.

3. The learned counsel for the petitioner submitted that the petitioner is a home maker and she borrowed Rs.50,000/- from the de-facto complainant on issuing two cheques. The cheques presented by the defacto complainant was dishonoured and instead of proceeding under Negotiable Instruments Act, she gave a false complaint against this petitioner.

4. The learned Government Advocate (Crl.side) submitted that there is a money transaction between the accused and the de-facto complainant and the petitioner has no bad antecedent.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of her arrest or on her appearance before the learned Judicial Magistrate No.I, Thoothukudi and on her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for https://hcservices.ecourts.gov.in/hcservices/

a like sum to the satisfaction of the learned Judge concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioner shall appear before the concerned Judge within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 25/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.1, THOOTHUKUDI 2 THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT 3 THE INSPECTOR OF POLICE, SIPCOT POLICE STATION, THOOTHUKUDI DT, 4 THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.D.JAGADISH CHANDIRA Advocate SR.No. 49066

ORDER

IN CRL OP(MD) No.10796 of 2015 Date :25/08/2015 2P/6C AM/SK.SKN/SAR-I/01.09.2015.

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