Gayathiri v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. Gayathiri

2. Sundarammal @ Sundaralakshimi

3. Vengateshwaran, ... Petitioners/Accused No.4 to 6 Vs 1.The Inspector of Police, Dcb Police Station, Virudhunagar District.

(Crime No.04 of 2024.) ... Respondent/Complainant 2.Renuga ... Petitioner / Defacto Complainant in CRL MP(MD) No.4836 of 2024 For Petitioners :

S.Karthikeyan, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor For Intervener :

Mr.R.Ponkarthikeyan, Advocate.

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime no.04 of 2024 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners/A4 to A6, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 120(B), 406, 420, 294(B) and 506(1) of IPC, in Crime No.4 of 2024, seek anticipatory bail. 2.The case of the prosecution is that on believing the words of the accused that they will secure jobs in the High Court, the defacto complainant collected a sum of Rs.42,00,000/- from her relatives and friends and had given the same to the accused. Thereafter, when she questioned about the job order, the petitioners have abused her in filthy language and threatened her with dire consequences. Hence, the complaint.

3.Heard both sides.

4.As far as the petitioners 1 & 3 are concerned, the first petitioner being government servant, received a sum of Rs.2,00,000/- through her bank account. I am not inclined to enlarge the petitioners 1 & 3 on anticipatory bail even though it is said that there are other two accused, who have been released on anticipatory bail. Hence, this petition is dismissed as against the petitioners 1 & 3. 5.Insofar as the second petitioner is concerned, considering the nature of allegation against her is that she only introduced other accused to the victims and also considering her age is 70 years, this Court is inclined to grant anticipatory bail 2/5

to the petitioners with certain conditions.

6.Accordingly, this Criminal Original Petition is partly allowed and the second petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate II, Virudhunagar, Virudhunagar District, on condition that the second 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that:

(a)the second 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 second petitioner shall report before the respondent police daily as and when required for interrogation;

(c)the second petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the second petitioner shall not abscond either during investigation or trial; (e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial 3/5

Court is entitled to take appropriate action against the second petitioner in accordance with law as if the conditions have been imposed and the second 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 thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 19/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS To 1.The Judicial No.II, Virudhunagar, Virudhunagar District.

2.Do through the Chief Judicial Magistrate, Virudhunagar District.

3.The Inspector of Police, DCB Police Station, Virudhunagar District.

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

+1 CC to M/s.S.KARTHIKEYAN, Advocate ( SR-10070[I] dated 19/08/2024 )

ORDER

IN CRL OP(MD) No.13530 of 2024 Date :19/08/2024 ED/ GS /SAR- (30/08/2024) 5P / 6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5