Mangaiyarkarasi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.10937 of 2018 MANGAIYARKARASI ... PETITIONER/SOLE ACCUSED Vs THE STATE, REP.BY SUB-INSPECTOR OF POLICE ALANKULAM POLICE STATION, VIRUDHUNAGAR DISTRICT CR.NO.99 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.M.SOLAISAMY Advocate For Respondent : MR.A.ROBINSON, Government Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as sole accused. He was arrested and remanded to judicial custody on 08.06.2018 for the offences punishable under Sections 406 and 420 of IPC, in Crime No.99 of 2018, on the file of the respondent police. He seeks bail. 2.The petitioner is working as an Accountant in a Self Help Group. She is alleged to have swindled a sum of Rs.4,93,000/-. 3.The counsel for the petitioner submits that the petitioner has repaid a sum of Rs.1,00,000/- and further the balance liability is to the tune of Rs.3,93,000/- and undertakes that the petitioner shall file an affidavit before the trial Magistrate within a week after she coming out on bail admitting her liability and also undertaking to return the same amount within six months. The counsel further submits that if this undertaking is breached the petitioner's bail may be cancelled and other proceedings may also be initiated.

3.Recording the undertaken given by the petitioner's counsel on behalf of the petitioner, this Court is inclined to grant bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

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(i) the petitioner shall execute 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 Judicial Magistrate No.II, Sattur.

(ii)the petitioner is directed to appear before the respondent police as and when required for interrogation. (iii)on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].

sd/- 03/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE JUDICIAL MAGISTRATE NO.II, SATTUR 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE, ALANKULAM POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

5 THE SUPERINTENDENT SPECIAL PRISON FOR FEMALE, MADURAI.

+1. CC to M/S.M.SOLAISAMY Advocate SR.No.70857 GJM/VR/GSR/3.7.18-2P-7C

ORDER

IN CRL OP(MD) No.10937 of 2018 Date :03/07/2018 https://hcservices.ecourts.gov.in/hcservices/