Hemalatha v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Hemalatha
2. Chandrabose ... Petitioners/Accused No.2 & 3 Vs The Inspector of Police, Virudhunagar Rural Police Station, Virudhunagar District.
Crime No.111 of 2022 ... Respondent/Complainant For Petitioners :
M/s.R.Pon Karthikeyan, Advocate.
For Respondent :
Mr.M.Sakthikumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.111 of 2022 on the file of the respondent police ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 420 of IPC in Crime No.111 of 2022 on the file of the respondent police, seek anticipatory bail. 1/4
2.The case of the prosecution is that the petitioners and A1 have received a sum of Rs.14,83,000/- from the defacto complainant for the purpose of investing in the share market, but they have not invested in the share market. The petitioners appear to be the share broker. Hence, the case.
3.The learned counsel for the petitioners submits that A1, who is a broker, has also received the money and the first petitioner is the sister of A1 and the petitioners have suffered a loss in the share market. He further submits that a false case has been foisted against them and the petitioners are in no way connected with the share market. He further submits that the petitioners along with A1 have filed an application for anticipatory bail before this Court in Crl.O.P.(MD)No.7383 of 2022 and the same was dismissed on 20.06.2022 that there is no case registered against the petitioners. Thereafter, the FIR in Crime No.111 of 2022 was registered against the petitioners.
4.The learned Government Advocate (Crl. side) submits that the FIR was registered against the petitioners on 20.03.2022 and the investigation is pending. Hence, he opposes for the grant of anticipatory bail to the petitioners. 5.Considering the nature of allegations and the role of these petitioners, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, this Criminal Original Petition is allowed and the petitioners are 2/4
ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Virudhunagar, on condition that 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 Magistrate concerned, and on further conditions that:
(i)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; (ii)The petitioners shall appear before the respondent police daily as and when required for interrogation.
(iii) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. (iv)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/- 20/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.
3 THE INSPECTOR OF POLICE, VIRUDHUNAGAR RURAL POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.PONKARTHIKEYAN, Advocate ( SR-6836[I] dated 24/06/2024 )
ORDER
IN CRL OP(MD) No.9034 of 2024 Date :20/06/2024 RS/GS/SAR-(03.07.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4