Kavitha v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.5178 of 2017 KAVITHA ... PETITIONER/ACCUSED NO.1 Vs THE STATE OF TAMILNADU THE SUB INSPECTOR OF POLICE COLACHEL POLICE STATION, COLACHEL, KANYAKUMARI DISTRICT. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.E.V.N.SIVA 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 is arrayed as accused No.1 in Crime No.78 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 420 of IPC 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 on the assurance made by the petitioner to provide employment in Saudi Arabia, the defacto complainant gave a sum of Rs.1,00,000/- to the petitioner on 15.06.2016 and a sum of Rs.48,000/- to the second petitioner and thereafter, the defacto complainant was sent to Saudi Arabia on 28.7.2016. However, the defacto complainant was not allowed to go out from the Saudi Arabia Airport and he was sent back to India on payment of Rs.20,000/- and thus the petitioner/A1 along with other accused cheated the defacto complainant.

4.The learned counsel for the petitioner submitted that the petitioner has only introduced the defacto complainant to the second accused and he has nothing to do with the alleged offence. https://hcservices.ecourts.gov.in/hcservices/ 5.The learned Government Advocate (crl. Side) on instructions would submit that the defacto complainant has paid a sum of

Rs.1,00,000/- to the petitioner for getting job in abroad. Thereafter, the petitioner cheated the defacto complainant. 6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate, Eraniel, Kanyakumari District and on her 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 petitioner shall appear before the respondent police once in a week i.e. on every Monday at 10.30 a.m. until further orders, for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 7.The petitioner 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/- 26/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

RJ2 TO 1 THE JUDICIAL MAGISTRATE ERANIEL, KANYAKUMARI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL 3 THE SUB INSPECTOR OF POLICE COLACHEL POLICE STATION, COLACHEL, KANYAKUMARI DISTRICT.

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

+1. CC to M/S.E.V.N.SIVA Advocate SR.No.21185 GJM/CM/MSA/SAR-2-28.4.17-2P-6C

ORDER

IN CRL OP(MD) No.5178 of 2017 Date :26/04/2017 https://hcservices.ecourts.gov.in/hcservices/