Sathi v. The Inspector Of Police

CRL OP(MD). No.15354 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15354 of 2021 Sathi ... Petitioner/Accused Rank Not Known Vs The State rep.by, The Inspector of Police, District Crime Branch, Tirunelveli, Tirunelveli District.

Crime No.21 of 2019.

... Respondent/Complainant For Petitioner : MR.S.Sivakumar, 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.21 of 2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 of IPC, in Crime No.21 of 2019, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner's husband borrowed money from the various persons under the guise of getting employment in abroad and received to the tune of Rs.1.90 Crores and thereafter Cheated them. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. He would further submit that the petitioner's name is not found in the FIR and the defacto complainant has not made any specific allegation against this petitioner.

4.The learned Additional Public Prosecutor (Crl.Side) appearing for the respondent would submit that the investigation has been completed and the final report has been filed before the Judicial Magistrate No.I, Thirunelveli and the same was taken on file in C.C.No.782 of 2022. He would further submit that specific allegation has been made against this petitioner that she also received a sum of Rs.3,00,000/- from the defact complainant. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.15354 of 2021

5. On perusal of records, it shows that the learned Judicial Magistrate No.I, Tirunelveli has granted bail to the first accused and the learned Magistrate also observed that the property has been recovered from the first accused.

6.Considering the facts and circumstances of the case, the properties have been recovered from the first accused and the grant bail to the co-accused, this Court is inclined to grant bail to the petitioner, however, with stringent conditions. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or her appearance, before the learned Judicial Magistrate No.I, Tirunelveli, and on her 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 the petitioner shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

8.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 12/07/2022 / TRUE COPY / /07/2022 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.I, TIRUNELVELI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, TIRUNELVELI, TIRUNELVELI DISTRICT.

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

+1 CC to MR.S.SIVAKUMAR, Advocate ( SR-6949[I] dated 12/07/2022 ) ORDER IN CRL OP(MD) No.15354 of 2021 Date :12/07/2022 MK/PN/SAR.I/21.07.2022/3P/6C https://www.mhc.tn.gov.in/judis 2/2