Madras High CourtCRL OP(MD)/14444/2015allowed

Philomina v. The Inspector Of Police,

2015-08-05Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.14444 of 2015 PHILOMINA ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, VIRUDHUNAGAR.

CRIME NO. 4 OF 2013 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.PON KARTHIKEYAN Advocate For Respondent : M/S.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, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 465, 468, 420, 471 and 477(A) of the Indian Penal Code in Crime No.4 of 2013 on the file of the respondent police and hence, seeks anticipatory bail.

2. According to the defacto complainant, A1 had misappropriated a sum of Rs.3,32,000/- by forging his signature.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and she has not committed any offence as alleged by the prosecution. It is further submitted that A.1 and A.2 was already granted anticipatory bail by this Court in Crl.O.P(MD) Nos.22711 of 2013 and 9210 of 2015 and that even as per the case of the prosecution, the petitioner withdrew the cheque amount after signing on the back side of the cheque.

4. The learned Government Advocate (Criminal Side) would submit that the accused misappropriated more than Rs.7,00,000/-.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate No.II, Virudhunagar and on executing a bond for https://hcservices.ecourts.gov.in/hcservices/

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 report before the respondent Police daily at 10.00 a.m., until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

7. 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 stands dismissed.

sd/- 05/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, VIRUDHUNAGAR.

+1. CC to M/S.R.PON KARTHIKEYAN Advocate SR.No.44306

ORDER

IN CRL OP(MD) No.14444 of 2015 Date :05/08/2015 rg.07/08/2015 2p/6c.

https://hcservices.ecourts.gov.in/hcservices/