R. Uma Maheswari, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. R. Uma Maheswari

2. Ramesh ... Petitioners/Accused No.1 & 2 Vs The Inspector of Police, Crime Branch, Fort Police Office, Trichy District.

(in Crime No. not known of 2024.) ... Respondent/Complainant For Petitioner :

Mr.H.Jahir Hussain, Advocate For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. not known of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent Police, in 1/3

connection with a case in Crime No.not known of 2024, for the offence punishable under Sections 420 and 406 IPC, have filed this petition seeking anticipatory bail. 2.The case of the prosecution is that the petitioners have received a sum of Rs.3,00,000/- from the defacto complainant and promised him that they will invest the said amount in the share market and return it with some profit. However, they failed to comply with the same. Hence the case. 3.The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that in this case, initially, an enquiry was conducted as against the petitioners in C.No.55/PG/ACP/SRGM/R/TRC/2024, dated 24.04.2024. Subsequently, CSR.No.419 of 2024, dated 30.05.2024 was registered and now, the investigation is in progress.

5.It appears that the complaint is kept pending from 24.04.2024 to 30.05.2024 as current paper enquiry, without registering a case and the respondent police are not confident that they can register a criminal case as against the petitioners. 6.The respondent police is expected to conduct an enquiry as per the guidelines issued by the Hon'ble Supreme Court of India in the case of Lalitha 2/3

Kumari Vs. State of Uttar Pradesh reported in (2014) 2 SSC 1. 7.Since no case has been registered as against the petitioners, there is no apprehension of arrest. Accordingly, this Criminal Original Petition is dismissed. sd/- 13/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR To 1.The Inspector of Police, Crime Branch, Fort Police Officer, Trichy District.

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

ORDER

IN CRL OP(MD) No.7583 of 2024 Date :13/06/2024 ED/ VR /SAR- (21/06/2024) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3