Madras High CourtCRL OP(MD)/11450/2018disposed of

M.Pandiammal v. The Inspector Of Police

2018-07-31Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirty First day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.11450 of 2018 1.M.PANDIAMMAL 2.P.MATHIALAGAN 3.M.RAMYA DEVI 4.JEYACHITRA ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs THE INSPECTOR OF POLICE Y.OTHAKADAI POLICE STATION, Y.OTHAKADAI, MADURAI DISTRICT.

Crime No.296 of 2018 ... RESPONDENT / COMPLAINANT C.PANDIAN ...PETITIONER/DEFACTO COMPLAINANT For Petitioners : Mr.K.PRABAKARAN Advocate For Respondent : Mr.A.ROBINSON Govt. Advocate ( Crl. Side) For Intervener : Mr.S.SUKUMAR Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 I.P.C in Crime No.296 of 2018, seek anticipatory bail. 2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent.

3. The defacto complainant is aged about 80 years. His specific allegations is that the accused taking advantage of his old age, physical condition, had cheated him to the tune of Rs.3,25,000/-. This Court went through the contents of the first information report. It is seen that the primary allegations are made only against the fourth petitioner Jeyachitra. The fourth petitioner has https://hcservices.ecourts.gov.in/hcservices/

given statement before the Police undertaking to return the articles and cash taken from the defacto complainant. But, she has not acted in terms of the undertaking. Therefore, this Court is not inclined to grant anticipatory bail to the fourth petitioner. Accordingly, this Criminal Original Petition is dismissed in respect of the fourth petitioner.

4.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners 1 to 3 with certain conditions. Accordingly, the petitioners 1 to 3 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Melur, Madurai District and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners 1 to 3 shall appear before the respondent police as and when required for interrogation. The petitioners 1 to 3 shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

5.The petitioners 1 to 3 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/- 31/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, MELUR 2.THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3.THE INSPECTOR OF POLICE Y.OTHAKADAI POLICE STATION, Y.OTHAKADAI, MADURAI DISTRICT. 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.K.PRABAKARAN Advocate SR.No.14546 +1. CC to Mr.S.SUKUMAR Advocate SR.No.14605

ORDER

IN CRL OP(MD) No.11450 of 2018 Date :31/07/2018 TK/RR/SAR.4/10.08.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/