S. Kasthuri v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.8443 of 2015 S. KASTHURI ... PETITIONER / ACCUSED No.2 Vs THE STATE REP. BY THE INSPECTOR OF POLICE SATTUR TOWN POLICE STATION, VIRUDHUAGAR DISTRICT.

(CRIME NO.265 OF 2015). ... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.THIRUVARUTSELVAM Advocate For Respondent : M/S.K.V.RAJARAJAN, 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 A2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under section 420 of IPC, in Crime No.265 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that one Rajammal had deposited her amount of Rs.6,50,000/- in the account of A1 on the assurance given by the accused that she would get more money and subsequently, she received only Rs.36,600/- and the balance amount was not paid to her. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent lady and she has not committed any offence as alleged by the prosecution. He further submitted that A1 was already enlarged on anticipatory bail by this court in Crl.O.P(MD)No.5451 of 2015, dated 23.04.2015.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the de-facto complainant, on the assurance given by the accused, had deposited her money, but the amount was not repaid. It is further submitted that A1 was already enlarged on anticipatory bail by this court.

5.Considering the facts and circumstances of the case and also considering the fact that A1 was already enlarged on anticipatory bail by this court, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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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, Sattur 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 daily at 10.00 a.m until further orders. The petitioner shall comply with the condition 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/- 10/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.II, SATTUR.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLPUTHUR. 3 THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE SATTUR TOWN POLICE STATION, VIRUDHUAGAR DISTRICT. +1. CC to M/S.G.THIRUVARUTSELVAM Advocate SR.No. 29618. TS/12.06.2015/2P-6C

ORDER

IN CRL OP(MD) No.8443 of 2015 Date :10/06/2015 https://hcservices.ecourts.gov.in/hcservices/