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Madras High CourtCRL OP(MD)/18274/2016ordered

D.Rajeshwari, v. The Inspector Of Police,

2016-09-23Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.18274 of 2016 D.RAJESHWARI ... PETITIONER/ACCUSED NO.3 Vs STATE REP.BY , THE INSPECTOR OF POLICE, DCB THENI, THENI DISTRICT C.C. NO. 5 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.VIVEKANANDAN 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/A3 prays for grant of anticipatory bail under Section 438 of Cr.P.C for offences punishable under Sections 406 and 420 IPC and Section 5 of TANPID Act, 1997 in C.C.No.5 of 2016 on the file of TANPID Court, Madurai.

2. The case of the prosecution is that accused were running a financial company under the name and style Globe Time Software and Finance and by promising to pay interest at 24% p.a. collected deposits from various persons. Believing that defacto complainant deposited Rs.20,00,000/-. They have paid interest only for two months and thereafter they closed the company and absconded themselves.

3. Learned counsel for petitioner submitted that petitioner married the 2nd accused in the year 2007. Thereafter he tortured the petitioner and sold out the entire gold ornaments brought by her as Srithana and ran away from the house. She has no connection with the business run by 2nd accused.

4.Learned Government Advocate (Crl. Side) submits that absconding charge sheet has been filed against the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the

petitioner can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judge, TANPID Court, Madurai within 15 days from the date of receipt of copy of the order, (i) Petitioner shall be enlarged on bail on his executing a bond in a sum of Rs.10,000/-(Rupees Ten Thousand Only) with two sureties for the like sum to their satisfaction; (ii)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 him from disclosing such facts to the Court or to any Police Officer;

(iii)Petitioner shall report before the said Court daily at 10.30 a.m on all working days and thereafter appear before the said Court on all hearing dates, except his presence is dispensed with under an order passed under Section 317 Cr.P.C. sd/- 23/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, TANPID COURT, MADURAI.

2 THE INSPECTOR OF POLICE, DCB THENI, THENI DISTRICT .

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

+1. CC to M/S.M.VIVEKANANDAN Advocate SR.No.55287 SJ CSL/DB/AR-I/27.09.2016: 2P/5C

ORDER

IN CRL OP(MD) No.18274 of 2016 Date :23/09/2016 https://hcservices.ecourts.gov.in/hcservices/