Immanuel Mancy @ Sandhini v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12246 of 2022 Immanuel Mancy @ Sandhini ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, All Women Police Station, Ottanchathiram, Dindigul District (Crime No.12 of 2022).

... Respondent/Complainant For Petitioner : M/s.Balasubramanian.N, 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.12 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 420 of IPC, in Crime No.12 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner while giving evidence before the Trial Court in C.C.No.260 of 2016 has stated that she was not having any ID Card for showing her residence. According to the defacto complainant, it shows in the complaint itself it is a false one. The complaint further says that false information and forgery has been committed by the petitioner before the above said Court. That continued in the matrimonial litigants also.

https://www.mhc.tn.gov.in/judis 3.It appears that no such complaint has been forwarded from the Court after completing provision 340 Cr.P.C. So, without such

proceedings, complaint has been given by the defacto complainant. Based upon which, case has also been registered, which is barred under Section 195 (1)(b)(i) Cr.P.C. So, on that ground, anticipatory bail is granted to the petitioner.

4.Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Ottanchathiram, 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 learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

5. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

Sd/- 07/07/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

dss TO

1. THE JUDICIAL MAGISTRATE, OTTANCHATHIRAM.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, OTTANCHATHIRAM, DINDIGUL DISTRICT

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. BALASUBRAMANIAN.N Advocate SR.No.6886

ORDER

IN CRL OP(MD) No.12246 of 2022 Date :07/07/2022 SP/SVR/SAR III/15/07/2022/2P/6C https://www.mhc.tn.gov.in/judis