Padmapriya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/11/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Padmapriya ... Petitioner/Accused No.1 Vs State Rep. by The Inspector of Police, Sattur Town Police Station, Virudhunagar District.

Crime No. 512/2020.

... Respondent/Complainant For Petitioner : Mr.S.Mahendrapathy, Advocate.

For Respondent : M/s.M.Anantha Devi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No. 512 of 2020 on the file of the respondent police ORDER : The Court made the following order :- The petitioner, who is arrayed as A1, apprehending arrest at the hands of the respondent police for the offences punishable under section 380 of IPC, in Crime No.512 of 2020 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant has celebrated her daughter birthday function on 08.09.2020, in which, the petitioner has also participated in the birthday function. Thereafter, on 15.09.2020 when the defacto complainant opened the bureau and found that 3 1⁄2 sovereigns of gold chain was missing. Hence, the present complaint.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

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4.The learned counsel appearing for the petitioner submitted that the petitioner is being the friend of the defacto complainant and the petitioner has been invited by the defacto complainant for her daughter birthday function. Due to which, the petitioner has participated the birthday function on 08.09.2020. Even according to the prosecution, only after verification, the petitioner has been arrayed as accused and she has not committed any offence as alleged by the prosecution. Even according to the defacto complainant birthday function took place on 08.09.2020 and the complaint was lodged only on 30.09.2020. Hence, he prayed to grant of anticipatory bail to the petitioner.

5.The learned Government Advocate (Crl. Side), appearing for the respondent Police submitted that the defacto complainant has celebrated her daughter birthday function on 08.09.2020, in which, the petitioner has also participated in the birthday function. Thereafter, on 15.09.2020 when the defacto complainant opened the bureau and found that 3 1⁄2 sovereigns of gold chain was missing. Hence, the crime has been registered.

6.Considering the facts and circumstances of the case and also considering the rival submissions made on either side and on perusal of the materials available on records, it is seen that the occurrence said to have taken place on 15.09.2020 and the FIR has been registered on 30.09.2020 after Fifteen days, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or her appearance, within a period of two weeks from the date of receipt of a copy of this order, before the Judicial Magistrate Court No.II, Sattur, Virudhunagar, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned 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 a.m for a period of two 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 2/3

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]; and; (f)if the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 26/11/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE NO.II, SATTUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, SATTUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.12111 of 2020 Date :26/11/2020 vsg JM/PN/SAR IV/04.12.2020/3P/5C 3/3