K S Chitra v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI K.S.CHITRA ... PETITIONER/ACCUSED NO.4 Vs THE INSPECTOR OF POLICE K.PUDUR POLICE STATION, MADURAI DISTRICT.

CRIME NO. 95/2024 ... RESPONDENT/COMPLAINANT For Petitioner :

MR.BHAGAVATH SINGH, Advocate For Respondent :

MR.P.KOTTAICHAMY, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SEC 438 OF CR.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO.95 OF 2024 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/A4, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 406, 420 and 506(ii) of IPC in Crime No.95 of 2024, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner's mother and the defacto 1/5

complainant are close friends. The petitioner's mother borrowed a sum of Rs.13,75,000/- from the de-facto complainant on various occasions. Later, the petitioner's mother cheated the defacto complainant and also threatened her with dire consequences. Hence, the case.

3.The learned counsel appearing for the petitioner submitted that the petitioner's mother and the defacto complainant are close friends and there was a money exchange between them, in which, the petitioner was falsely implicated in this case. In fact, the petitioner's family members were detained by the defacto complainant and the petitioner has already made a complaint before the respondent police against the defacto complainant and the same was registered in Crime No.94 of 2024. For counter-blast, the defacto complainant has filed the present application. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. side) submitted that it is a counter case and the investigation is pending and hence, he strongly opposed to grant anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the fact that it appears to be a counter case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, this Criminal Original Petition is ordered and the petitioner is 2/5

ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court-VI, Madurai, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c)the petitioner shall report before the respondent police as and when required for interrogation;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial; (f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial 3/5

Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (g)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 18/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, K.PUDUR POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.M.P.RONIGA, Advocate ( SR-3287[I] dated 18/03/2024 ) 4/5

ORDER

IN Date :18/03/2024 RS/GS/SAR-(26.03.2024) 5P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5