Mrs.P.L.Valliammai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.9182 of 2017 1 MRS.P.L.VALLIAMMAI 2 A.PALANIAPPAN ... PETITIONERS / ACCUSED Nos.1,2 Vs STATE THROUGH THE INSPECTOR OF POLICE ALAGAPPAPURAM POLICE STATION, SIVAGANGAI DISTRICT (CRIME NO. 8 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioners : Mr.R.MAHESWARAN Advocate For Respondent : Mr.A.ROBINSON, Government Advocate(Crl.Side) For Intervenor : Mr.ISSAC MOHANLAL, Senior Counsel for Mr.VIJAY, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offence punishable under Sections 420, 406, 408, 467, 468, 471, 120(B), 506(i), 511 of I.P.C., in Crime No.8 of 2017, on the file of the respondent police, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that the petitioner along with her son Palaniappan, earlier filed an anticipatory bail application before this Court and that an undertaking was made and that the petitioners could not act in terms of the undertaking and therefore the said anticipatory bail came to be dismissed. Subsequently, the petitioner's son Palaniappan was arrested and he has since been enlarged on bail by the learned District and Sessions Judge, Sivagangai and seeking cancellation the defacto complainant has filed Crl.O.P.(MD) No.14169 of 2017 and the same has been adjourned on 07.06.2017.

3. Heard the learned Government Advocate (Criminal side).

4. This Court went through the contents of the F.I.R. It is seen that the petitioner was working as an Administrative Officer in Dr.Alagappachettiyar Educational Trust for a number of years and the petitioner's son was the supplier of textbooks to the Schools run by the Trust. Some serious allegations have been made in this Court. This Court is of the view that the custodial interrogation of the petitioner may not be really necessary. Earlier, this Court granted anticipatory bail to the petitioner on condition and the same was dismissed only, because of the fact that the undertaking given earlier could not be complied with. Now the learned counsel for the petitioner submits that the property owned by the petitioner in Plot No.340, T.S.No.1339 (part), S.Ward No.3, M.G.R.

Street, Soodamani Nagar, Iluppakkudi Village, shall not be alienated till the disposal of the criminal case and that the petitioner shall file an affidavit of undertaking in this regard, before the Jurisdictional Magistrate. The petitioner is a women, who is aged about 67 years and she has been associated with the defacto complainant/Institution for more than four decades.

5.This Court will have to take note of the fact that the petitioner's son had filed a Writ Petition in W.P.No.15925 of 2016 against the defacto complainant/Management and obtained interim order. It is quite possible that this led to the filing of this criminal case. This observation is made only for the purpose of granting relief in these proceedings and shall not have any effect on the investigation.

6. In view of the above, 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, Karaikudi 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 daily at 10.30 a.m., for a period of seven days and thereafter as and when required for interrogation. The petitioner shall comply with the conditions 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 shall stand dismissed.

sd/- 25/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE KARAIKUDI 2 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE ALAGAPPAPURAM POLICE STATION, SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +2. CC to M/S.R.MAHESWARAN Advocate SR.No.7166 +1 CC TO Mr. B.VIJAY , Advocate, Sr.No. 7181 KSA JAM/02/05/2018/ CM-VR /SAR 1 / 3P-8C

ORDER

IN CRL OP(MD) No.9182 of 2017 Date :25/04/2018