Kaleeswari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.04.2022 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Crl.O.P.(MD)No.6468 of 2022 Kaleeswari

...Petitioner/Accused No.2

Vs State rep.by The Inspector of Police, Thideer Nagar Police Station, Madurai District.

(Crime No.681 of 2020) ... Respondent/Complainant For Petitioner : Mr.V.Sasikumar, Advocate.

For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For anticipatory bail in Crime No.681 of 2020 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the offence punishable under Sections 420 and 506(i) IPC, in Crime No.681 of 2020 on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner, by promising to arrange a shop for lease for a period of two years, obtained a sum of Rs.10,00,000/- from the defacto complainant, but, leased out the premises to another person and also refused to return the money to the defacto complainant.

3. The petitioner along with her husband moved a petition for anticipatory bail in Crl.O.P.(MD)No.264 of 2021 and on the request made on behalf of the petitioner and her husband, the anticipatory

bail petition was referred to the Mediation Centre by order dated 12.07.2021. Though the anticipatory bail petition was pending for nearly three months in the Mediation Centre, the petitioner did not take any steps to resolve the issue before the Mediation Centre. Considering the conduct of the petitioner, this Court, by order dated 17.09.2021, dismissed the first anticipatory bail petition filed by the petitioner and her husband in Crl.O.P.(MD)No.264 of 2021.

4. Thereafter, the second anticipatory bail petition was filed in Crl.O.P.(MD)No.15230 of 2021. In that application also, a similar request was made on behalf of the petitioner that there is a possibility of settlement and therefore, by order dated 21.12.2021, this Court once again referred the matter for mediation and directed the Mediator to file a report before this Court. The Mediator filed a report that there was no response from the petitioner side and they did not appear for hearing and therefore, mediation could not be effected. Considering the attitude of the petitioner, this Court, by order dated 27.01.2022, dismissed the second anticipatory bail petition also.

5. This is the third anticipatory bail petition filed on 01.04.2022. The learned counsel for the petitioner has taken a stand that the petitioner is an innocent and she can establish her case before the Investigating Agency and she is prepared to appear before the Investigating Agency. Considering the plea made on behalf of the petitioner, this Court by order dated 08.04.2022, granted interim anticipatory bail enabling the petitioner to appear before the Investigating Officer and directed the Investigating Officer to find out the role played by the petitioner in the commission of offence.

6. When the petition is taken up for hearing today, the learned Additional Public Prosecutor submits that the petitioner, after obtaining an order of interim anticipatory bail, she did not appear before the Investigating Agency for enquiry.

7. Considering the conduct of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the Criminal Original Petition is dismissed. Sd/- 20/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY

TO

1. THE INSPECTOR OF POLICE, THIDEER NAGAR POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6468 of 2022 Date :20/04/2022 SP/PN/SAR IV/25/05/2022/3P/3C