Madras High CourtCRL OP(MD)/3365/2017ordered

Loga Chitra v. The Inspector Of Police,

2017-03-23Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3365 of 2017 LOGA CHITRA ... PETITIONER/ACCUSED NO.2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, CITY CRIME BRANCH, TRICHY.

CRIME NO.31/2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.B.JAMEEL ARASU Advocate For Respondent : MRS.S.PRABHA, 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 A-2, in Crime No.31 of 2016 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 420, 294(b), 506(i) of I.P.C and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The learned Government Advocate(Crl. Side) on instructions submitted that the petitioner/A-2 is the wife of the first accused. A-1 borrowed money from the defacto complainant. When the defacto complainant asked for refund of the said amount, the petitioner along with A-1 alleged to have intimidated the defacto complainant with dire consequences.

4. The learned counsel appearing for the petitioner submitted that A-1 was granted bail by the learned Judicial Magistrate No.I, Trichy in Crl.M.P.No.4788 of 2016. He further submitted that while granting bail, the Court below gave a finding that the offence of 420 I.P.C is not made out.

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5. Considering the facts and circumstances of the case and also considering the fact that A-1 was granted bail, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. 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, Trichy and on his 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 as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6.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/- 23/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,TRICHY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3 THE INSPECTOR OF POLICE, CITY CRIME BRANCH,TRICHY.

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

+1 cc to M/S.B.JAMEEL ARASU, ADVOCATE, SR No. 17456 PM CSL/BS/SAR-II/28.03.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.3365 of 2017 Date :23/03/2017 https://hcservices.ecourts.gov.in/hcservices/