R.Karthigai Raja v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.23757 of 2016 R.KARTHIGAI RAJA ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO.765 OF 2016 ... RESPONDENT/COMPLAINANT JOTHILAKSHMI ... PETITIONER/INVERVENER/INFORMANT For Petitioner : M/S.G.THALAIMUTHARASU Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor For Intervenor : M/S.K.KARMEGAM, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused in Crime No.765 of 2016 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 420, 341, 294(b) and 506(i) of I.P.C and Section 4 of Women Harassment Act and hence, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner; the learned Additional Public Prosecutor for the respondent/State and the learned counsel for the intervenor.

3.The case of the prosecution is that the petitioner has received a sum of Rs.3 lakhs from the defacto complainant on promise that he can arrange a Government job to her. But thereafter, the petitioner neither got a job nor repaid the amount. Hence, the present complaint.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned counsel for the petitioner submits that the petitioner has borrowed a sum of Rs.2 lakhs from the defacto

complainant for his urgent family needs and thereafter, he repaid a sum of Rs.1,09,000/- in two instalments as Rs.66,000/- and Rs.45,000/- and he is liable to pay only a sum of Rs.91,000/-. 5.Considering the above 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 his appearance before the learned Judicial Magistrate, Sivakasi and on his 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 deposit a sum of Rs.91,000/- towards the credit of Crime No.765 of 2016 before the learned Judicial Magistrate, Sivakasi and that the petitioner shall appear before the respondent police as and when required, for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6.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/- 07/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,SIVAKASI, VIRUDHUNAGAR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, THIRUTHANGAL POLICE STATION,VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No.23447 RJ2 CSL/PM-PN/SAR-I/03.07.2017 :2P/6C

ORDER

IN CRL OP(MD) No.23757 of 2016 Date :07/06/2017 https://hcservices.ecourts.gov.in/hcservices/