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Madras High CourtCRL OP(MD)/10412/2022dismissed

Sumathi v. The Inspector Of Police

2022-06-13Honourable Mr Justice K.Murali Shankar2 pages

CRL OP(MD). No.10412 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/06/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.10412 of 2022 Sumathi ... Petitioner/Accused No.4 Vs State rep.by The Inspector of Police, Medical College Police Station, Thanjavur District.

Cr.No.286/2022.

... Respondent/Complainant For Petitioner : Mr.Sasidharan Tamilkani S.T., Advocate.

For Respondent : Mr.Thanga Aravindh, B.

Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory bail in Cr.No.286/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 294 (b), 420, 506(i) IPC and Section 4 of TNPHW Act, in Crime No.286 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant's husband is working at Singapore for the past four years. She was having relationship with the first accused and due to that relationship, she gave 26 1/2 sovereigns of gold ornaments for his family expenses. After sometime, she requested the first accused to return the jewels, but he refused to return the same and cheated her. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and she has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is the relative of the first accused and her name is not mentioned in the FIR.

4.The learned Government Advocate (Criminal Side) appearing for the respondent would submit that the property has not been recovered and that the investigation is pending.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.10412 of 2022 5.Considering the nature of the offence alleged and also taking note of the facts that the investigation is pending and that the property has not been recovered, this Court is not inclined to grant anticipatory bail to the petitioner at this point of time. Accordingly, this Criminal Original Petition is dismissed. sd/- 13/06/2022 / TRUE COPY / / /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 Inspector of Police, Medical College Police Station, Thanjavur District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.T.SASIDHARAN TAMILKANI, Advocate ( SR-5499[I] dated 14/06/2022 )

ORDER

IN CRL OP(MD) No.10412 of 2022 Date :13/06/2022 RS/PN/SAR.1 (20.06.2022) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2