Rajeshwari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14813 of 2022 Rajeshwari ... Petitioner/Accused (Sole) Vs State rep.by The Inspector of Police, Mattuthavani Police Station, Madurai District.

(Crime No.176/2022) ... Respondent/Complainant For Petitioner : Mr.Senthil Kumar.J, Advocate. For Respondent : Mr.SS.Madhavan, Government Advocate (Crl.Side) For Intervenor : Mr.A.S.Vaigunth, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.176 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner is facing charges under Section 381 IPC in Crime No.176 of 2022 on the file of the respondent police. 2.This is the second anticipatory bail application. This petition has been filed on the ground that the petitioner appeared before the respondent police and cooperated with him to complete the process of investigation, whereas the learned Government Advocate (Crl.side) for the respondent would submit that the petitioner never appeared.

https://www.mhc.tn.gov.in/judis

3.Another submission of the petitioner is that the petitioner is having school going children and even now, she is ready to appear before the respondent police to complete the process of investigation and no previous bad antecedent is also reported against her. Next submission is that two children of the defacto complainant were staying in the house. Only after a long time, the FIR came to be registered.

4.When it is a case of commission of theft of gold jewel, unless it is recovered, the petitioner is not entitled for the discretionary relief of anticipatory bail. I find that there is no change of circumstance.

5.This Criminal Original Petition is dismissed, accordingly. Sd/- 06/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

MM 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 INSPECTOR OF POLICE, MATTUTHAVANI POLICE STATION, MADURAI DISTRICT..

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

ORDER

IN CRL OP(MD) No.14813 of 2022 Date :06/09/2022 SP/SVR/SAR II/14/09/2022/2P/3C https://www.mhc.tn.gov.in/judis