Kirthiga v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Kirthiga
2. Ramadas
3. Chellammal
4. Dhilipkumar ... Petitioners/Accused Nos.2 to 5 Vs The Inspector of Police, City Crime Branch, Tirunelveli City, Crime No.6/2024.
... Respondent/Complainant For Petitioners : Mr.M.Marimuthu, Advocate For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.6/2024 on the file of the respondent police 1/5
ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.6 of 2024, for the offence punishable under Section 420 IPC, have filed this petition seeking anticipatory bail.
2. The case of the prosecution is that the accused persons have cheated the defacto complainant to the tune of of Rs.3,00,000/-. Hence, the case.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The 1st petitioner is the wife of the defacto complainant and the petitioners 2 to 4 are the parents and brother of the first petitioner. It is the allegation against the petitioners that they had received the advance amount for the house without the knowledge of the defacto complainant. Due to matrimonial dispute, a false case has been foisted against the petitioners. Hence, he prays for grant of anticipatory bail to the petitioners. 2/5
4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that in this case, investigation is yet to be completed. However, he fairly submitted that there is a matrimonial dispute between the parties.
5. Considering the facts and circumstances of the case, dispute among the family members and also considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail in the event of their arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the concerned Judicial Magistrate on condition that (i) the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Tirunelveli;
(ii) The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address; 3/5
(iii) The petitioners shall appear before the respondent police daily at 10.30a.m., until further orders. They have to co-operate for the investigation; (iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses; (v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 10/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
PNM TO 1 THE JUDICIAL MAGISTRATE NO.I TIRUNELVELI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.
3 THE INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUNELVELI CITY 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.M.PERUMAL, Advocate ( SR-6403[I] dated 12/06/2024 )
ORDER
IN CRL OP(MD) No.8243 of 2024 Date :10/06/2024 SS/JGB/SAR- /18/06/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5