Jeyalakshmi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/05/2022 PRESENT The Hon`ble Mr.Justice M.S.RAMESH Jeyalakshmi ... Petitioner/Accused No.3 Vs State represented by The Inspector of Police, District Crime Branch Police Station, Thoothukudi District.

(Crime No.12 of 2022). ... Respondent/Complainant For Petitioner : M/s.P.MANI ANAND Advocate.

For Respondent : MR.M.MUTHUMANIKKAM, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.12 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner who is arrayed as the third accused in Crime No.12 of 2022, is alleged to have committed offences under Sections 406, 420 and 120(B) of IPC, seeks bail.

2.Admittedly, the petitioner herein had acted as an agent for collecting deposits from individuals and remitting the same to the investment company. The CEO of the Investment company has been arrayed as first accused.

3.In taking into account of the role of the petitioner in the crime, this Court is of the view that the offences under Sections 420 and 406 of IPC, may not be made out. However, this is a matter for investigation.

4.In view of the overt act attributed to the petitioner herein, this Court is inclined to grant bail to the petitioner. 5.Accordingly, this petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Thoothukudi. 1/3

(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

(ii)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one month and thereafter as and when required for interrogation;

(iii)The petitioner shall also file an undertaking affidavit before the trial Court that he will co-operate during the trial; (iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial; (v)On breach of any of the aforesaid conditions, the learned 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 learned 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/- 06/05/2022 / TRUE COPY / 06/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE NO.IV, THOOTHUKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.

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3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH POLICE STATION, THOOTHUKUDI DISTRICT.

4 THE OFFICER INCHARGE, SPECIAL SUB JAIL FOR WOMEN, KOKKIRAKULAM, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.8927 of 2022 Date :06/05/2022 RS/SVR/SAR.4 (06.05.2022) 3P-6C 3/3