Madras High CourtCRL OP(MD)/488/2017ordered

Mahalakshmi, v. The Inspector Of Police,

2017-03-15Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.488 of 2017 1 MAHALAKSHMI 2 TAMILARASI ... PETITIONERS/ACCUSED NO.1 & 2 Vs 1 THE INSPECTOR OF POLICE (CRIME), TALLAKULAM POLICE STATION, MADURAI CITY.

CRIME NO.31/2017 (*)2 LAKSHMI W/O.KANNAN YADAV, 7, JAWAHARLAL PURAM, THIRUMALPURAM MADURAI-14 ... RESPONDENT/COMPLAINANT (R2 IMPLEADED AS PER ORDER OF THIS HONOURABLE COURT MADE IN CRL MP(MD)No.1268/17 in CRL OP(MD)No.488/17, dated 15.03.2017 BY JNBJ) For Petitioner : M/S.T.A.EBENEZER Advocate For First Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) For Second Respondent: M/S.R.BOOMIRAJAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A1 & A2 in Crime No.31 of 2017, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406 and 420 IPC on the file of the respondent Police and hence, seek anticipatory bail. 2.Heard the learned counsel for the petitioners, the learned Government Advocate(Crl. Side) for the respondent/State and also the learned counsel appearing for the second respondent/defacto complainant.

3.The learned counsel appearing for the petitioners submitted that it is alleged in the complaint that under the guise of securing a job in the Government, the second petitioner/A1 cheated the https://hcservices.ecourts.gov.in/hcservices/

defacto complainant to the tune of Rs.2 lakhs and the said amount was credited in the account of the first petitioner/A2, who is the sister of A1. He would further submit that the petitioners have not committed any offence as alleged by the prosecution. Since the first petitioner/A2 is a Government servant, she has been falsely implicated in this case.

4. The learned Government Advocate appearing for the State submitted that the case has been registered on 05.01.2017 and that the investigation is pending.

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.II, Madurai and on each 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 daily at 10.30 a.m. until further orders. 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/- 15/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II,MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE,(CRIME), TALLAKULAM POLICE STATION, MADURAI CITY.

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

+1. CC to M/S.T.A.EBENEZER Advocate SR.No.14809

ORDER

IN CRL OP(MD) No.488 of 2017 Date :15/03/2017 gcg CSL/CM-MSA/SAR-III/23.03.2017 :2P/6C https://hcservices.ecourts.gov.in/hcservices/