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Madras High CourtCRL OP(MD)/16873/2016ordered

Vennila, v. The Inspector Of Police,

2016-09-12Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twelfth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM CRL OP(MD) No.16873 of 2016 VENNILA ... PETITIONER/ACCUSED NO.2 Vs STATE REP.BY THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, PUDUKKOTTAI, PUDUKKOTTAI DISTRICT.

(CR.NO.5 OF 2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.RAMU Advocate For Respondent : MR.A.P.BALASUBRAMANI,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 accused No.2, apprehends arrest at the hands of the respondent Police for the alleged offences punishable under Sections 120(b), 406, 420 IPC in Crime No.5 of 2016 on the file of the respondent Police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the accused Nos.1 and 2 by giving false representation of securing a medical college sheet in Uttra Pradesh, received Rs.14 lakhs from the de facto complainant. But failed to keep up their words. 3.The learned counsel for the petitioner would submit that the petitioner is the wife of the 1st accused and she is working as a Teacher in Government High School, Pilaviduthi, Pudukkottai District. She is nothing to do with the transaction between the 1st accused and the de facto complainant and after registration of the case, the 1st accused repaid Rs.5 lakhs to the de facto complainant.

4.The learned counsel for the petitioner would further submit that the son of the de facto complainant was sent to China by the accused and now he is pursuing his medicine in China. 5.The learned counsel for the intervenor would submit that the petitioner is the prime accused and hence, anticipatory bail should not be granted to the petitioner.

6.Heard the learned Government Advocate (Crl.side) appearing for the respondent Police.

7.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 is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Pudukkottai, and 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 learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 6.00 p.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 8.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/- 12/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.-I) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE PUDUKKOTTAI.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE PUDUKKOTTAI.

3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, PUDUKKOTTAI, PUDUKKOTTAI DISTRICT.

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

+1. CC to M/S.M.RAMU Advocate SR.No.51876

ORDER

IN CRL OP(MD) No.16873 of 2016 Date :12/09/2016 PA/SK-SKN/SAR I/14.09.2016/3P/6C