Madras High CourtCRL OP(MD)/17019/2023disposed of

Vijayalakshmi @ Rufiya v. The Inspector Of Police

2023-09-21Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.17019 of 2023 Vijayalakshmi @ Rufiya ... Petitioner/Accused No.4 Vs State represented by The Inspector of Police, Courtallam Police Station, Tenkasi District, Crime No.316/2023.

... Respondent/Complainant Rajendran ... Intervening Petitioner / Proposed 2nd Defendant / Defacto Complainant in CRL MP(MD)No.13590 of 2022 For Petitioner :

M/s.R.J.Karthick Advocate.

For Respondent :

Mr.B.Nambiselvan Additional Public Prosecutor For Intervener :

Mr.M.Asaithambi, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.316/2023 on the file of the respondent police. 1/4

ORDER : The Court made the following order :- The petitioner/ Accused apprehend arrest at the hands of the respondent police for the offences under Sections 147, 420, 406, 384 and 506(2) of IPC in Crime No.316 of 2023, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to financial crisis, the defacto complainant wants private loan. The accused persons came to the defacto complainant that some body is arranging loan for less interest at Tenkasi. The defacto complainant moved to Tenkasi and the accused persons received some cheques, documents and Rs.10,00,000/- for the purpose of buying stamp papers. But they did not return back. Thereby the defacto complainant was cheated. Hence the case came to be registered.

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

4. Learned Government Advocate (Crl.side) would submit that a compromise has arrived at between the parties out of the Court and the police. A joint 2/4

compromise memo was also filed. The parties have agreed to withdraw the complaint against the petitioner.

5. In view of the development, the matter has become infructuous and the parties are directed to give a statement before the respondent police based upon the compromise arrived between them. Based upon the statement of the parties, further action on the complaint be dropped. The terms of compromise shall also form part of the order.

6. Accordingly, this Criminal Original Petition is disposed of. sd/- 21/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

ENCL: COPY OF JOINT COMPROMISE MEMO TO 1 THE INSPECTOR OF POLICE COURTALLAM POLICE STATION, TENKASI DISTRICT.

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

+1 CC to M/s.R.J.KARTHICK, Advocate ( SR-13973[I] dated 21/09/2023 ) 3/4

ORDER

IN CRL OP(MD) No.17019 of 2023 Date :21/09/2023 pnn MK/06.10.2023 4P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4