S.Swetha v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN S.Swetha ... Petitioner/Accused No.1 Vs 1.The Inspector of Police, Thideer Nagar Police Station, Madurai.
(Crime No.99 of 2023).
... Respondent/Complainant 2.Ameer Mohammad ...Intervener/ Defacto Complainant For Petitioner : M/s.Bharathi.S, Advocate.
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) For Intervenor : Mr.K.S.Durai Pandian, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.99 of 2023 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406, 420, 294(b) and 506(i) of I.P.C., in Crime No.99 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution, as per the de-facto complainant Ameer Mohammad, is that the petitioner along with other accused had 1/3
induced the de-facto complainant to invest a sum of Rs.11,00,000/- for becoming as a partner in a Gym running under the name and style of "Fitness Factory" and believing the same, the de-facto complainant had given the total sum of Rs.12,76,918/- to the petitioner and thereafter, the petitioner along with the other accused have cheated the de-facto complainant. Hence the case. 3.Heard. Perused the materials available on record including the First Information Report.
4.It is seen that the de-facto complainant had relationship with the petitioner. Due to which, the dispute arose. Therefore, the custodial interrogation of the petitioner is not required in this case.
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, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court No.V, Madurai, on condition that the petitioner shall execute 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity.
[b] the petitioner shall report before the respondent Police as and when required for interrogation;
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial.
[e] 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]. 2/3
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 08/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
sji TO 1.THE JUDICIAL MAGISTRATE NO.V, MADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3 THE INSPECTOR OF POLICE, THIDEER NAGAR POLICE STATION, MADURAI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.BHARATHI, Advocate ( SR-3684[I] dated 08/03/2023 )
ORDER
IN CRL OP(MD) No.2344 of 2023 Date :08/03/2023 RK/MMS/SAR-4(17/03/2023) 3P/6C 3/3