Selvarani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/05/2024 PRESENT The Hon`ble Mrs.Justice L.VICTORIA GOWRI Selvarani ... Petitioner / Accused Rank not known Vs State through The Inspector of Police, Srirangam Police Station, Trichy City.

(In Crime No.Not Known of 2024.) ... Respondent/Complainant For Petitioner :

Mr.Lelin Kumar, Advocate.

For Respondent :

Mr.S.S.Madhavan Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.Not Known of 2024 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 1/5

police for the offences punishable under Section 420 of IPC, in Crime No.Not known of 2024, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 24.05.2006, the defacto complainant gave a sum of Rs.5,000/- towards advance and also on 26.05.2006 gave a sum of Rs.20,00,000/- as additional advance to the petitioner for purchase of property. Having received the amount, the petitioner evaded from executing the sale deed. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the occurrence took place in 2006. For the very same allegation, the defacto complainant has earlier given a complaint before the learned Judicial Magistrate No.VI, Trichy. Based on the directions of the learned Magistrate, a case in Crime No.47 of 2012 was registered against the petitioner, which is still under investigation. Now, after a period of 18 years, the defacto complainant has given yet another complaint by suppressing such facts.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the petition enquiry is pending.

5. Taking into consideration the facts and circumstances of the case that the petition enquiry is pending, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

2/5

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate Court, Srirangam, on condition that the petitioner shall execute 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 conditions that:

[a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b]the petitioner shall report before the respondent police as and when required for interrogation.

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[d]the petitioner shall not abscond either during investigation or trial. [e]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 is released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme 3/5

Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

(g) The petitioner is directed to co-operate with the pending investigation before the jurisdictional police.

sd/- 30/05/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MM To 1.The District Munsif cum Judicial Magistrate, Srirangam.

2.Do through the Chief Judicial Magistrate, Trichy District.

3.The Inspector of Police, Srirangam Police Station, Trichy City.

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

+1 CC to M/s.T.LENINKUMAR, Advocate ( SR-6002[I] dated 30/05/2024 ) 4/5

ORDER

IN CRL OP(MD) No.7992 of 2024 Date :30/05/2024 ED/ JGB /SAR- (04/06/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5