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Madras High CourtCRL OP(MD)/775/2020allowed

Ida Mejini Bai v. The Inspector Of Police

2020-01-27Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.775 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.775 of 2020 Ida Mejini Bai ... Petitioner/Sole Accused Vs The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District Crime No.39/2019. ... Respondent/Complainant For Petitioner : M/s.N.Pragalathan, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory bail in Crime No.39 of 2019 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under section 420 of I.P.C., in Crime No. 39 of 2019 on the file of the respondent police, seeks anticipatory bail.

3. It appears that the petitioner had taken possession of the land that was earmarked as a children park in the approved lay out. The learned counsel for the petitioner on instructions states that within a period of six weeks from the date of receipt of a copy of this order, the petitioner will execute an appropriate deed handing over the property in question to the local body concerned. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.775 of 2020 4.Recording the said undertaking, anticipatory bail is granted to the petitioner. If as undertaken before this Court, the property in question is conveyed to the local body and the petitioner totally relinquishes her interest in the property, the respondent shall file a final report for dropping action in the matter. If the petitioner does not comply with the undertaking given before this Court, the respondent shall file an application for cancellation of anticipatory bail.

5. On these terms, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate No.I, Nagercoil, Kanyakumari District, and on her 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 learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 27/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, NAGERCOIL, KANYAKUMARI DISTRICT 2 -DO-THRO-THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, NAGERCOIL, KANYAKUMARI DISTRICT

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-1556[I] dated 28/01/2020 ) ORDER IN CRL OP(MD) No.775 of 2020 Date :27/01/2020 pnn ES/PN/SAR 3/30.01.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2