Gowri 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 Gowri ... Petitioner/Accused No.1 Vs The State represented by The Inspector of Police, Jeeyapuram Police Station, Trichy District.
(Crime No.100/2024.) ... Respondent/Complainant For Petitioner :
Mr.Charles Kamalesh M. Appaji, 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.100 of 2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.100 of 2024, for the offence punishable under Sections 294(b), 406, 420 and 506(i) IPC, has filed this petition seeking anticipatory bail.
2. The case of the prosecution is that the defacto complainant has paid a sum 1/4
of Rs.20,00,000/- to the accused for purchasing a property. Since the property is Natham Poramboke, a sale deed cannot be executed. Hence, the case.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that no previous case is pending against the petitioner.
5. Considering the facts and circumstances of the case and also considering the antecedent of the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of her arrest or on her appearance within a period of fifteen days from the date of receipt of a copy of this order, before the concerned learned Judicial Magistrate on condition that (i) the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Trichy District.
(ii) The petitioner and the sureties shall submit a copy of their 2/4
Aadhaar Card or any other identity card issued by the government in proof of their residence address;
(iii) The petitioner shall appear before the respondent police once in a week at 10.30 am until further orders for interrogation. She has to co-operate for the investigation.
(iv) The petitioner shall not misuse the liberty granted to her 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 petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.
7.The defacto complainant shall workout her remedy by filing a suit for specific performance, if she is so advised.
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 3/4
To 1.The Judicial Magistrate No.III, Trichy.
2.Do through the Chief Judicial Magistrate, Trichy District.
3.The Inspector of Police, Jeeyapuram Police Station, Trichy District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.C.K.M.APPAJI, Advocate ( SR-6490[I] dated 13/06/2024 )
ORDER
IN CRL OP(MD) No.8621 of 2024 Date :13/06/2024 ED/ GS /SAR- (20/06/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4