Shallini v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Shallini ... Petitioner/Accused No.3 Vs The State Rep.by The Inspector of Police,, District Crime Branch, Thanjavur District.

Crime No.12 of 2023.

... Respondent/Complainant For Petitioner : M/s.Arun Prasad A, 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 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 120(B), 406, 420 and 34 of I.P.C., in Crime No.12 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the first accused, by giving false promise to secure Government job, received a sum of Rs.12,50,000/- and later, cheated her. The allegation against the petitioner is that she introduced the first accused to the de-facto complainant. Hence, the case.

3.Heard. Perused the materials available on record including the First Information Report.

4.It is seen that there are totally three accused involved in this case and the petitioner is arrayed as A3. A1 and A2 were already detained under Act 14 of 1982.

5.The learned counsel for the petitioner would submit that the petitioner, to show her bona fides, is ready and willing to deposit some reasonable amount as imposed by this Court. 6.Considering the said undertaking given by the learned counsel 1/3

for the petitioner, this court is inclined to grant anticipatory bail to the petitioner, with certain conditions: 7.Accordingly, the petitioner shall deposit a sum of Rs.4,00,000/- (Rupees Four Lakhs only) to the credit of Crime No.12 of 2023 before the learned Judicial Magistrate No.I, Thanjavur, without prejudice to her rights and contentions. 8.On such deposit being made, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of four weeks from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Thanjavur, 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 a.m., for a period of four weeks and thereafter, on every saturday at 10.30 a.m., until further orders. [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/- 21/06/2023 / TRUE COPY / / 07 /2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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SJI TO

1. The Judicial Magistrate No.I, Thanjavur.

2. Do-Through The Chief Judicial Magistrate, Thanjore District at Kumbakonam.

3. The Inspector of Police,, District Crime Branch, Thanjavur District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.10965 of 2023 Date :21/06/2023 RD (04/07/2023) 3P 5C 3/3