T.Sumithra Devi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.09.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI T.Sumithra Devi ... Petitioner/Accused No.3 Vs The State rep.by The Inspector of Police, District Crime Branch, Madurai District.

Crime No.15/2021 ... Respondent/Complainant For Petitioner : M/S.W.PAMELIN Advocate.

For Respondent : Mr.T.SENTHILKUMAR, Additional Public Prosecutor(Crl.Side) For Intervenor : Mr.S.PALANIAPPAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.15 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A3 apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 120(b), 409, 468, 471, 406 and 420 IPC in Crime No.15 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the de-facto complainant is working as a General Manager of Meenaksi Mission Hospital and Research Centre under the aegis of the Meenaksi Mission Hospital and Research Centre, a college in the name of 'Meenakshi Allied Health Sciences' at Kootakudi Village, Melur Taluk, Madurai District. The petitioner was serving as a Lecturer in the said college. The allegation against the petitioner is that the petitioner and other accused have misappropriated the college fee amount to the tune of Rs.38,21,830/- collected from the students. Hence, the complaint. 3.The learned counsel for the petitioner submits that the petitioner is an innocent, she has not committed any offence as alleged by the prosecution, but she has been falsely implicated in this case.

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4.The learned Government Advocate (Crl.Side) appearing for the respondent strongly opposed this petition on the ground investigation is yet to be completed.

5.Considering the facts and circumstances of the case, the nature of allegation made against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that: (a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

(b)the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

(c)the petitioner shall not tamper with the 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]; and;

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

sd/- 21/09/2021 / TRUE COPY / / /2021 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.

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TO 1.THE JUDICIAL MAGISTRATE NO.I MADURAI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3.THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, MADURAI DISTRICT.

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

+1. CC to M/S.W.PAMELIN, Advocate SR.No.6435 +1. CC to Mr.S.PALANIYAPPAN, Advocate SR.No.6452

ORDER

IN CRL OP(MD) No.13712 of 2021 Date :21/09/2021 SA/PN/SAR.3/30.09.2021/3P/7C 3/3