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Madras High CourtCRL OP(MD)/5300/2024ordered

Vanitha v. The Inspector Of Police

2024-04-18Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI and Crl M.P.(MD)No.4425 of 2024 Vanitha ... Petitioner/ A-2

Versus

State represented by The Inspector of Police, Aranthangi, Pudukkottai District.

(Crime No.648 of 2023) ... Respondent/Complainant For Petitioner : Mr.K.Kharikharadas, Advocate For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl. Side) For Intervener : Mr.A.Abdul Kabur, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.648 of 2023 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.648 of 2023, for the offence punishable under Sections 294(b), 420, 406 and 506(i) IPC, has filed this petition seeking anticipatory bail.

2.The case of the prosecution is that the de-facto complainant is said to have obtained loan from his relative, namely, Mubarak by pledging his two cars. After repaying the loan amount, the said Mubarak refused to return back the de-facto complainant's cars stating that his cars were in the custody of the petitioner. Hence, the case.

3.The learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent Police submits that both the parties have amicably resolved the issue and they are not interested in prosecuting the case further.

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4.Considering the submissions made by the learned Counsel for the petitioner and the learned Government Advocate (Crl. side), this Court is inclined to grant anticipatory bail to the petitioner.

5.Accordingly, this Criminal Original Petition is ordered. Consequently, connected miscellaneous petition is closed and the petitioner is ordered to be released on bail in the event of her arrest or on her appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Aranthangi, Pudukottai District, on condition that (i) the petitioner execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Aranthangi, Pudukottai District. (ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;

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(iii) The petitioner shall appear before the respondent police daily at 10.30 am for a period of two weeks for interrogation. She has to co-operate for the investigation.

(iv) The petitioner shall not misuse the liberty granted to her by indulging in any further offence and shall not tamper with the prosecution witnesses. (v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 18/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

JBR TO 1 THE JUDICIAL MAGISTRATE, ARANTHANGI, PUDUKOTTAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5300 of 2024 Date :18/04/2024 SS/GS/SAR- /29/04/2024/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5