Rashia Begum v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21226 of 2015 RASHIA BEGUM ... PETITIONER/SOLE ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, KANYAKUMARI DISTRICT AT NAGERCOIL.CRIME NO. 9 OF 2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S R.MAHESWARAN Advocate For Respondent : MR.K.ANBARASAN 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 arrayed as sole accused, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 420 of IPC, in Crime No.
9 of 2014 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that on giving a false promise to get a job for the de-facto complainant, on 08.01.2013, the petitioner received a sum of Rs.3,50,000/- from the de-facto complainant and neither she did return the money nor get the job for the de-facto complainant.
3. The case of the petitioner is that she is working in a School. She borrowed a sum of Rs.1,00,000/- from the de-facto complainant and executed a Promissory Note and thereafter, she repaid the same. The de-facto complainant demanded exorbitant interest and came to the School and threatened the petitioner.
4. According to the petitioner, she gave a complaint on 27.12.2013 and the same has been registered in Crime No.853/2013 on the file of Eraniel Police Station. As a counter case, the de-facto complainant has given the present complaint.
5. The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution.
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6. Heard the learned Government Advocate (Criminal side).
7. Considering the facts and circumstances of the case and also the fact that the earlier complaint given by the petitioner was registered on 27.12.2013, in Crime No.853/2013, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
8. 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.I, Nagercoil, 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 once in a week, i.e., on every Sunday at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.
9. 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/- 19/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.I,NAGERCOIL 2 THE CHIEF JUDICIAL MAGISTRATE,KANYAKUMARI AT NAGERCOIL 3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH,KANYAKUMARI DISTRICT AT NAGERCOIL.
4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1cc to Mr.R.MAHESWARAN Advocate Sr.No.
66408
ORDER
IN CRL OP(MD) No.21226 of 2015 Date :19/11/2015 AA/DP-JGB/SAR-II/24.11.2015/2p-6c https://hcservices.ecourts.gov.in/hcservices/