Lakshmidevi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN T.Lakshmidevi, ... Petitioner/Accused 2 Vs
1. The Inspector of Police, Arupukottai Town Police Station, Virudhunagar District.
(Crime No.131 of 2023).
... Respondent/Complainant
2. Raguram.R, ... Respondent/De-facto Complainant For Petitioner : M/s.Bharathi.S, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.131 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/A2 who apprehends arrest at the hands of the respondent police for the offences punishable under sections 294(b), 120(B),420 and 506(i) of IPC in Crime No. 131 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner on the false promise of getting job had received a sum of Rs.15 lakhs from the defacto complainant and thereafter cheated him by not securing the job nor repaying the amount, hence the case.
3. Heard both side and perused the materials available on record including the First Information Report.
4. In this case A1 had received a sum of Rs.15 lakhs from the defacto complaint through bank transaction, subsequently A1 failed to get any job and also failed to return the amount. In so far as 1/3
the petitioner is concerned she only introduced A1 to the defacto complainant. Taking into consideration all the above facts and circumstances of the this court is inclined to grant anticipatory bail to the petitioner , with certain conditions:
5. 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 on which the order copy made ready, before the learned Judicial Magistrate, Aruppukottai, Virudhunagar District on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Aadhar card or Bank Pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police daily at 10.30 am., for a period of three weeks and thereafter as and when required for interrogation.
[c] the petitioner shall not tamper with 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 released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme 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 229A IPC.
sd/- 06/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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AAV TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, ARUPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.BHARATHI.S Advocate SR.No.8137
ORDER
IN CRL OP(MD) No.9712 of 2023 Date :06/06/2023 SA/VR/SAR. /08.06.2023/3P/6C 3/3