N.Vinotha v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.14010 of 2016 N.VINOTHA ... PETITIONER / SOLE ACCUSED Vs STATE REP BY THE SUB INSPECTOR OF POLICE KOLLIDAM POLICE STATION, SAMAYAPURAM CIRCLE, TRICHY DISTRICT.

(CRIME NO.400 0F 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.V.KARUNA Advocate For Respondent : MR.P.KANNITHEVAN, 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 IPC, in Crime No.400 of 2016 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that while the petitioner was working as a saleswoman in the MRF Tyre showroom at Tolgate, Trichy, belonging to the defacto complainant, misappropriated a sum of Rs.3,00,000/- for the past two years. The petitioner admitted the misappropriated amount and promised to settle the amount. Subsequently, she absconded. On complaint, case has been registered against the petitioner.

3.The case of the petitioner is that the petitioner joined as a sales woman in the MRF Tyre showroom in the year 2011. On 15.06.2016, the defacto complainant seized the petitioner's cell phone and directed her to check stock in the stock room. At that time, the defacto complainant sexually harassed her. Immediately, the petitioner shifted her place and went to her aunty's house. Due to that, false complaint has been given against the petitioner. 4.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent and she has not committed any offence and prays for anticipatory bail in favour of the petitioner. 5.The learned Government Advocate (Crl.Side) submitted that the https://hcservices.ecourts.gov.in/hcservices/

investigation is pending.

6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.4, Trichy, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the petitioner shall report before the respondent Police as and when required for interrogation.

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iii) the petitioner shall not abscond either during investigation or trial.

(iv) 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]. 7.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the conditions or not.

sd/- 08/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.4, TRICHY 2 THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT 3 THE SUB INSPECTOR OF POLICE, KOLLIDAM POLICE STATION, SAMAYAPURAM CIRCLE, TRICHY DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.V.KARUNA Advocate SR.No.42762

ORDER

IN CRL OP(MD) No.14010 of 2016 Date :08/08/2016 SMA/ARK-PV/SAR-I/12/08/2016 :2P/6C https://hcservices.ecourts.gov.in/hcservices/