K.Umadevi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated: 23/08/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN K.Umadevi ... Petitioner/Sole Accused Vs.

1.Superintendent of Police, PSP Nagar, Korampallam, Thoothukudi-628 101.

2.Inspector of Police, Thalamuthu Nagar Police Station, Maruthuvar Colony, Mappilaiurani, Thoothukudi-628 002.

3.State through, Inspector of Police, Police Station Station Dabki Road, Akola Maharastra State (Crime No.96 of 2021)

...Respondents/Complainants

For Petitioner : Mr.Niranjan S.Kumar,Advocate For Respondent : Mr.P.Kottai Chamy Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL under Sec.438 of Cr.P.C. PRAYER:- For Anticipatory Bail in Crime No.96 of 2021 on the file of the 3rd Respondent Police.

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ORDER : The Court made the following order:- The petitioner who is arrayed as sole accused apprehending arrest at the hands of the 3rd respondent police for the offences punishable under sections 420 IPC r/w 66D of IT Act, in Crime No.96 of 2021 on the file of the 3rd respondent police seeks anticipatory bail.

2.This petition has been filed seeking inter-state anticipatory bail on the ground that this petitioner was directed to be present before the Inspector of Police, Akola Police Station, Maharastra State, in connection with the complaint that was filed by one Abjilash Bhimrao Vase stating that he has been de-frauded to the tune of Rs.1,50,000/- by using the Credit Card by unknown person. 3.During the course of investigation, it was found that a sum of Rs.1,49,955/- was misused from his account. That was also spent from the account of the complainant sent from the account of the complainant from his Paytm Wallet and also Rezor Vallet. The husband of the petitioner was also arrayed as accused, since money has been transfered to his account by utilizing the mobile phone.

On this account, on the basis of the communication received from the concerned investigating officer, Bank account of the petitioner was ordered to be freezed. Later the above said petitioner filed WP(MD) No.8060 of 2021 seeking for direction to de-freeze the account. By order, dated, 30/06/2021, the account of the petitioner was ordered to be de-freezed, but however, directed to maintain the amount of Rs.39,000/- in her account. Which alleged to have been transferred from the account of the complainant. Now apprehending arrest, this petitioner filed this anticipatory bail on the ground that she is a woman by gender. She is not in a position to travel to Akola Police Station for the purpose of answering the complaint. Being the lady, she filed this petition.

4.From the facts narrated above, it is seen that there is no specific averment or allegation to the effect that she is also involved in the Cyper crime. However amount has been transferred from the account of the de-facto complainant by utilising the Paytem Wallet and Rezor Wallet.

5.Now she has received summon from the 3rd respondent. No doubt this petition will lie in view of the above settled position of law in more than one cases. As has been stated by the learned counsel appearing for the petitioner we need not trouble this order much since it is settled position of law.

6.So considering the facts and circumstances of the case, interstate interim transit anticipatory bail is granted to the petitioner for a period one month. ON executing bond to the Value of Rs.50,000/- to the satisfaction of the arresting officer. Within one month she must appear before the concerned court for appropriate 2/3

order of anticipatory bail or for regular bail as the case may be. Accordingly, this petition is ordered.

sd/- 23/08/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUPERINTENDENT OF POLICE PSP NAGAR, KORAMPALLAM, THOOTHUKUDI.

2 THE INSPECTOR OF POLICE THALAMUTHU NAGAR POLICE STATION, MARUTHUVAR COLONY, MAPPILLAIRUANI, THOOTHUKUDI.

3 THE INSPECTOR OF POLICE POLICE STATION, DABKI ROAD, AKOLA, MAHARASTRA 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.NIRANJAN S.KUMAR, Advocate (SR-40093(F) dated 24/08/2022

ORDER

IN CRL OP(MD) No.11496 of 2022 Date :23/08/2022 er PKP/VR/SAR-2/07.09.2022/3P/6C 3/3