Umadevi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3657 AND 3768 of 2017 1 UMADEVI 2 D.NITHYASREE 3 D.JAI GANESH ... PETITIONERS/ ACCUSED NOS:2,3&4 IN CRL OP(MD) No.3657 of 2017 1 M.SRIDHARAN 2 S.NAGESWARI ... PETITIONERS/ACCUSED RANK NOT KNOWN IN CRL OP(MD) No.3768 of 2017 Vs STATE BY ITS THE INSPECTOR OF POLICE SAMAYANALLUR POLICE STATION, CRIME NO.369 OF 2016 ... RESPONDENT / COMPLAINANT IN BOTH THE PETITIONS S.R.KANNAPPAN ... PETITIONER/ DEFACTO COMPLAINANT IN BOTH THE PETITIONS For Petitioner : M/S.M.JEGADEESH PANDIAN Advocate, IN BOTH THE PETITIONS For Respondent : M/S.S.PRABHA, Government Advocate(Criminal Side), IN BOTH THE PETITIONS For Intervenor : M/S.T.
LAJAPATHI ROY, Advocate IN BOTH THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused in Crime No.
under Sections 406, 465, 420, 294(b) and 506(i) IPC and hence, seek anticipatory bail.
2.Heard the learned counsel for the petitioners, the learned Government Advocate(Crl. Side) appearing for the respondent/State and the learned counsel appearing for the intervenor.
3. The case of the prosecution is that one Sundaramoorthy took money from the shop of the defacto complainant to the tune of Rs.17,62,267/- and he agreed to return the said amount within 15 days and he failed to fullfil his promise.
4.The learned counsel appearing for the petitioners would submit that the defacto complainant made false allegation against one Sundaramoorthy, who was working under her and due to false allegations, the said Sundaramoorthy committed suicide and the first petitioner in Crl.O.P.(MD) No.3657 of 2017 is the sister of the said Sundaramoorthy and the second and third petitioners are the children of the first petitioner and they have no direct nexus in the alleged offence.
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.IV, Madurai, and on each of them 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 petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6.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/- 10/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO IV MADURAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,
3 THE INSPECTOR OF POLICE SAMAYANALLUR POLICE STATION, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +2. CC to M/S.M.JEGADEESH PANDIAN Advocate SR.No.20044, 20043 +2 cc to M/R.T.LAJAPATHI ROY, Advocate, SR.NO:19947,19948 SVA/BS/13.04.2017/SAR4/3P/9C
ORDER
IN CRL OP(MD) No.3657 AND 3768 of 2017 Date :10/04/2017