Sunitha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.11631 of 2018 1 SUNITHA 2 RAMESH 3 JOSUVA ... PETITIONERS/ACCUSED NO.1 TO 3 Vs THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, KANYAKUMARI CRIME NO.14 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners : MR.T.LAJAPATHI ROY Advocate For Respondent : MR.A.ROBINSON, Government Advocate ( Crl. Side) For Intervener/ Defacto complainant : MR.B.CHRISTOPHER, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, apprehending arrest at the hands of the respondent police for the offences punishable under Section 420 IPC in Crime No.14 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 Police and also learned counsel appearing for the intervenor.

3.This Court went through the contents of the First Information Report and also enquiry report. It is seen that the defacto complainant and the petitioners had some transaction. It is purely civil in nature. However, this observation is made only for the purpose of granting the relief sought for in this petition alone and the same will not be taken as an advantage in any other proceedings. Investigation, of course will proceed independently. It is not a case of arrest or custodial interrogation of the petitioners. https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the nature of allegation made against the petitioners, this Court is inclined to grant anticipatory bail to

the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Nagercoil and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

5.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 11/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.1, NAGERCOIL, KANYAKUMARI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, KANYAKUMARI 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.T.LAJAPATHI ROY Advocate SR.No.12791 +1. CC to M/S.B.CHRISTOPHER Advocate SR.No.72470 GNS GJM/CSL/ASVM/19.7.18-2P-7C

ORDER

IN CRL OP(MD) No.11631 of 2018 Date :11/07/2018 https://hcservices.ecourts.gov.in/hcservices/