M. Malli v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of March Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.3881 of 2015 M. MALI ... PETITIONER/ACCUSED NO.3 Vs THE INSPECTOR OF POLICE CITY CRIME BRANCH POLICE STATION, TIRUNELVELI CITY, CRIME NO.1/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.RAHUL Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.1 of 2015, on the file of the respondent police for offences under Sections 120(b), 406 & 420 of the Indian Penal Code, the petitioner is now before this Court seeking Anticipatory Bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the State.

3. It appears that the defacto complainant had joined the chit in Sriram Chits Limited, Tirunelveli Branch, wherein, A-1 is working as Assistant Manager and A2 is working as Branch Manager. It is seen that the defacto complainant had defaulted in repaying the chit amount. It is alleged by the defacto complainant that this petitioner canvassed with her for joining the chit. This petitioner is the sister of A-1 and working as Lab Technician in Tirunelveli Medical College. A-2 in this case has been granted anticipatory bail in Crl.M.P.No.802 of 2015 on 18.02.2015 by the Principal Sessions Court, Tirunelveli.

4. Taking into consideration of the allegation in the F.I.R, this Court is of the opinion that this is a fit case to grant anticipatory bail to the petitioner. 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Tirunelveli, on 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that, (a) the petitioner shall report before the respondent police as and when required for interrogation.

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[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

sd/- 05/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI.

2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3. THE INSPECTOR OF POLICE CITY CRIME BRANCH POLICE STATION, TIRUNELVELI CITY,

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

+1cc to MR.A.RAHUL, ADVOCATE IN SR : 10905 SR : 10.03.2015 : 2P/6C

ORDER

IN CRL OP(MD) No.3881 of 2015 Date :05/03/2015 https://hcservices.ecourts.gov.in/hcservices/