M. Jeyalakshmi v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY M. Jeyalakshmi ... Petitioner/Accused No.2 Vs The Sub Inspector of Police, Cyber Crime Division (CCD-III), Sivagangai District.

(Crime No. 13 of 2024).

... Respondent/Complainant For Petitioner :

M/s. Priscilla Pandian.J., Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- To enlarge the petitioner on bail in the event of his arrest or surrender in connection with the C.C.201 of 2024 on the file of the Judicial Magistrate No.II, Sivagangai in Crime No.13 of 2024 on the file of the Respondent of Police. 1/5

ORDER : The Court made the following order :- The petitioner/A2, who is facing a case for the offence under Sections 420 of IPC r/w Section 66C & 66D of Information Technology (Amendment Act, 2009 INF C), in C.C.201 of 2024 on the file of the Judicial Magistrate No.II, Sivagangai, in Crime No.13 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and the other accused are said to have withdrawn the amount of Rs.1,00,000/- from the account of the defacto complainant without her knowledge. Hence, the complaint. 3.Heard both sides.

4.Considering the nature of the allegations and also considering the arguments made by the learned counsel for the petitioner that without prejudice to her contentions, the petitioner will deposit a sum of Rs.50,000/- to the credit of Crime No.13 of 2024, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5.Accordingly, as undertaken, the petitioner shall pay a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Crime No.13 of 2024, without prejudice to her rights and contentions before the trial Court and produce the receipt/acknowledgement before the learned Judicial Magistrate No.II, Sivagangai. 6.On production of such receipt, the petitioner is ordered to be released on bail 2/5

in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Sivagangai, 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 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioner shall report before the trial Court for each and every hearing without fail;

(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]; and; 3/5

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

sd/- 02/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS To 1.The Judicial Magistrate No.II, Sivagangai.

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

3.The Sub Inspector of Police, Cyber Crime Division (CCD III), Sivagangai District.

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

+1 CC to M/s.PRISCILLA PANDIAN.J, Advocate ( SR-10705[I] dated 02/09/2024 )

ORDER

IN CRL OP(MD) No.14358 of 2024 Date :02/09/2024 4/5

ED/ SG /SAR- (12/09/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5