Nilofar Babar Ali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16277 of 2023 Nilofar Babar Ali ... Petitioner / Accused No.2 Vs The State Rep.by The Inspector of Police, Airport Police Station, Trichy District.

(Crime No.406 of 2023).

... Respondent/Complainant For Petitioner :

Mr.M.karunanithi Advocate.

For Respondent :

Mr.B.Nambiselvan Additional Public Prosecutor For Intervener :

Mr.M.Rajarajan, Advocate.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 406 of 2023 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 offences under Sections 406, 417, 420, 294(b) and 506(ii) of 1/4

IPC, in Crime No. 406 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with the other accused running chit fund and collected a sum of Rs.36,01,275/- from several persons and they failed to return the same. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent, he has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution.

4. Learned Additional Public Prosecutor would submit that the case was transferred to City Crime Branch, Trichy. No change in circumstances. No amount has been recovered from anyone. Accused Nos.1 and 2 are still absconding.

5. The earlier application was dismissed by this Court, after considering the nature of offences and the quantum of amount involved in this case. A perusal of CD file shows that the petitioner along with her husband has given an undertaking to the defacto complainant that they will settle the entire issues. Thereafter, the 2/4

petitioner went to another place. The petitioner's husband removed the articles from the house, which were available in the above said house, at that time, the depositors came there and thereafter, he was arrested and later released on bail. The present petition has been filed on the ground that the petitioner is ready to produce substantial sureties to the satisfaction of this Court.

6. I find no change of circumstances and accordingly, this Criminal Original Petition is dismissed.

sd/- 15/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE AIRPORT POLICE STATION, TRICHY CITY.

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

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ORDER

IN CRL OP(MD) No.16277 of 2023 Date :15/09/2023 pnn MK/06.10.2023 4P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4