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Madras High CourtCRL OP(MD)/4762/2020dismissed

Mangayarkarasi v. The Inspector Of Police

2020-03-17Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.4762 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/03/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.4762 of 2020 MANGAYARKARASI ... PETITIONER/ACCUSED NO.2 VS STATE REP. BY THE INSPECTOR OF POLICE, KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT, CRIME NO.58 OF 2020.

... RESPONDENT/COMPLAINANT For Petitioner : M/s.V.Sasi Kumar, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To pass an order to release the petitioner on bail in the event of her arrest in Cr.No.58 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 406, 420, 294(b) and 506(ii)of I.P.C., in Crime No.58 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The petitioner is figuring as the second accused in Crime No.58 of 2020 on the file of the respondent police. The case of the prosecution is that the victims were induced to hand over their four wheeler on the terms that they will be paid with certain sum of money every month. The petitioner herein was functioning as a CEO of the accused concern.

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CRL OP(MD). No.4762 of 2020 4.The petitioner had signed in the agreements on behalf of the accused concerned.

Therefore, the petitioner cannot feign ignorance. Her role appears to be rather central. Merely because, the petitioner is not the proprietor of the accused company and it is only Amarnatha Kobikannan who is the owner, the petitioner cannot down play her role.

5.This is not a matter in which anticipatory bail can be granted. When this Court expressed its disinclination to grant relief, the petitioner earlier withdrew Crl.O.P.(MD)No.3899 of 2020. There is absolutely no change in circumstance. The only course open to the petitioner is to surrender and apply for regular bail. 6.Accordingly, this Criminal Original Petition stands dismissed.

sd/- 17/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1 CC to M/s.V.SASI KUMAR, Advocate ( SR-5450[I] dated 18/03/2020 )

ORDER

IN CRL OP(MD) No.4762 of 2020 Date :17/03/2020 PNN JM/PN/SAR 3/29.05.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2