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Madras High CourtCRL OP(MD)/36/2017granted

R.Muthulakshmi, v. The Inspector Of Police,

2017-01-04Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.36 of 2017 R.MUTHULAKSHMI ... PETITIONER/ACCUSED NO.2 Vs STATE REPRESENTED BY , THE INSPECTOR OF POLICE, DEVAKOTTAI TOWN POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO.45/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.V.SINGAN Advocate For Respondent : MR.P.KANDASAMY, 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, in Crime No.45 of 2015 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b) and 506(ii) of IPC and hence, seeks anticipatory bail.

2.The learned counsel appearing for the petitioner states that the petitioner has paid the entire loan amount with interest, but the defacto complainant refused to return the pledged jewels. This is a case of case in counter in Cr.No.44 of 2015 against the defacto complainant. This complaint is only a counter-blast to the case in Cr.No.44 of 2015.

3.The learned Government Advocate(Crl. Side) appearing for the respondent states that the petitioner herein is A2, who is the wife of A1 and A1 is in abroad. There is a dispute in respect of redeeming the jewels between the defacto complainant and the petitioner.

4.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 her appearance before https://hcservices.ecourts.gov.in/hcservices/

the learned Judicial Magistrate, Devakottai 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 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 5.The petitioners 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/- 04/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,DEVAKOTTAI.

2 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI. 3 THE INSPECTOR OF POLICE, DEVAKOTTAI TOWN POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.V.SINGAN Advocate SR.No. 1409 AM CSL/GSV-PM/SAR-III/09.01.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.36 of 2017 Date :04/01/2017 https://hcservices.ecourts.gov.in/hcservices/