Madras High CourtCRL OP(MD)/19389/2021disposed of

S.Nagalakshmi v. The Inspector Of Police

2021-12-08Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.19389 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.12.2021 PRESENT THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.19389 of 2021 S.Nagalakshmi ... Petitioner/Accused Vs.

State Rep.by The Inspector of Police, Jaihindupuram (Crime) Police Station, Madurai City.

(Crimine No.Not Known of 2021) ... Respondent/Complainant For Petitioner : Mr.B.Sukumar Advocate.

For Respondent : Mr.SS.Madhavan Government Advocate (Crl. Side) For Intervenor : Mr.S.Pandiyaraj, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No. Not Known of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420 and 506(ii) IPC, in Crime No. Not Known of 2021, on the file of the respondent police, seeks anticipatory bail. 2.When the matter is taken up for hearing today, the learned Government Advocate (Crl. Side) would submit that based upon the complaint given by the de-facto complainant, enquiry has been undertaken in C.No.612/2021. During the Course of enquiry, it was found that it is a purely civil dispute between the parties and advised the parties to workout their remedy through the civil process and it came to be closed.

3.But, however, the learned counsel for the de-facto complainant would submit that it is a clear case of an offence under Section 420 IPC, which has been made out against the petitioner. 4.Since the petitioner sold the property, which was already sold to some other persons and the dispute between the parties is purely a civil in nature, the complaint has been closed and the petitioner shall workout her remedy through appropriate civil proceedings.

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Crl.O.P(MD)No.19389 of 2021 5.In view of the same, this Criminal Original Petition is disposed of.

sd/- 08/12/2021 / 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.

TO 1.The Inspector of Police, Jaihindupuram (Crime) Police Station, Madurai City.

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

ORDER

IN CRL OP(MD) No.19389 of 2021 Date :08/12/2021 RS/PN/SAR2(22.12.2021) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2