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Madras High CourtCRL OP(MD)/3734/2017ordered

Manjula, v. The Inspector Of Police,

2017-03-28Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3734 of 2017 1 MANJULA 2 MURUGAN ... PETITIONERS/ACCUSED NO.1 & 2 Vs STATE REP.BY, THE INSPECTOR OF POLICE, KEELAVALAVU POLICE STATION, MADURAI DISTRICT.

CRIME NO.137 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.UDHAYAKUMAR 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 are arrayed as A-1 & A-2, in Crime No.137 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 420 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 case of the prosecution is that the first petitioner is a LIC Agent and the defacto complainant joined LIC Scheme and also deposited a sum of Rs.70,000/- and received three LIC bonds in the year 2015. The first petitioner deposited the entire amount before the LIC officials and suddenly, the Central Government declared the old rupees of Rs.500 and Rs.1000/- are invalid and therefore, the LIC officials could not refund the amount immediately.

4. The learned counsel for the petitioners submitted that the first petitioner, who is the wife of the second petitioner, is LIC agent and due to demonetization, the first petitioner was not able to refund money, for which, the defacto complainant has foisted the https://hcservices.ecourts.gov.in/hcservices/

present complaint against the petitioners and the petitioners have nothing to do with 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 Court, Melur, Madurai District and on their 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/- 28/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,MELUR, MADURAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE, KEELAVALAVU POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.UDHAYAKUMAR Advocate SR.No.18730 CM/MM GJM/NDD/SAR-III/05.04.2017 :2P/6C

ORDER

IN CRL OP(MD) No.3734 of 2017 Date :28/03/2017 https://hcservices.ecourts.gov.in/hcservices/