M.Maria Justus v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.17098 of 2016 M.MARIA JUSTUS ... PETITIONER/SOLE ACCUSED Vs THE STATE TAMIL NADU REP. BY THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KANYAKUMARI DISTRICT, CRIME NO.7 OF 2010 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.R.MANIMARAN, ADVOCATE FOR RESPONDENT : Mr.K.V.RAJARAJAN, GOVERNMENT ADVOCATE ( CRL. SIDE) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner/accused, prays for grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Section 409 of I.P.C. in Crime No.7 of 2010 on the file of the respondent police.
2.The case of the prosecution is that when the petitioner was working in Alagappapuram Post Office as agent, she collected instalment amount and pass book from the customers and did not return the same.
3. Learned counsel for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case.
4.Heard the learned Government Advocate (Crl. Side).
5. Considering the position that the case is of the year 2010 and till date, the respondent have not found it necessary to arrest the petitioner, this Court is of the view that the petitioner can be granted the relief prayed for and accordingly; https://hcservices.ecourts.gov.in/hcservices/ (a) In the event of arrest by or on appearance before the
respondent police;
(b) In the event of appearance before the learned Judicial Magistrate No.I, Nagercoil, within 15 days from the date of receipt of a copy of the order, (i) the petitioner shall be enlarged on bail on her executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the likesum to their satisfaction;
(ii)the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade her from disclosing such facts to the Court or to any Police Officer;
(iii)the petitioner shall report before the respondent police as and when required.
sd/- 14/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE NO.1, NAGERCOIL.
2. THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.
3. THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KANYAKUMARI DISTRICT,
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.R.MANIMARAN Advocate SR.No. 52499
ORDER
IN CRL OP(MD) No.17098 of 2016 Date :14/09/2016 AKV TE/SK-SKN/SAR-III : 22/09/2016 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/