Dr.Celine Faustina Mary, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of September Two Thousand Eighteen PRESENT THE HON`BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL OP(MD) No.15842 of 2018 DR.CELINE FAUSTINA MARY, ... PETITIONER / ACCUSED NO.1 Vs STATE REP BY THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TRICHY DISTRICT.
(CRIME NO.16/2018) ... 1st RESPONDENT / COMPLAINANT For Petitioner : M/S.R.GANDHI Advocate For Respondent : MR.V.NEELAKANDAN, ADDL. PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 417 and 420 of I.P.C., in Crime No.16 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and her co-sister, who is accused no.2, were approached the defacto complainant and made a false representation that they are entitled to a landed property comprised in Survey No.1/7 to an extent of 5 acres and expressed their willingness to sell the property in his favour and also they were received a sum of Rs.5 lakhs from the defacto complainant.
Later, the defacto complainant came to know that property does not belong to the petitioner. Therefore, the defacto complainant said to repay the said amount, the petitioner and other were failed to return the money. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that petitioner's husband and the petitioner's co-sister had inherited landed properties.
grabber backed by local politicians is making an attempt to grab the property from the petitioner. The petitioner is the Senior Doctor by profession and she is serving as an Associate Professor in Tirunelveli Medical College. The petitioner has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.
4.Heard the learned Additional Public Prosecutor appearing for the respondent.
5.Considering the facts and circumstances of the case the dispute is in civil in nature, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Karur and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
6.The petitioners 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 shall stand dismissed.
sd/- 05/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGAISTRATE NO.III, TRICHY.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.
3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TRICHY DISTRICT.
4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.R.GANDHI Advocate SR.No.17006
ORDER
IN CRL OP(MD) No.15842 of 2018 Date :05/09/2018 TR/RR/SAR-2 (14/09/2018) 3P/6C