M.Thaiba Banu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/11/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM M.Thaiba Banu ... Petitioner/A2 Vs The Inspector of Police, District Crime Branch(DCB), Madurai District, Crime No.16/2022.

... Respondent/Complainant S.Thiruppathi ... Petitioner/De-fact complainant in CRL MP(MD)No.15192 of 2023 For Petitioner : Ms.A.Victoria, Advocate For Respondent : Mr.R.Sureshkumar, Government Advocate (Crl.Side) For Intervenor : Mr.N.Marimuthu, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.16/2022 on the file of the respondent police 1/3

ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420 and 506(i) IPC in Crime No.16 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is doing textile business and on 04.08.2020, the first accused and his wife, who is the petitioner herein/A2 approached him and requested to provide textile goods for selling and they will return the money after sold the cloths within a month. However, the accused did not repay the same. When it was asked, they threatened the defacto complainant with dire consequences. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is the innocent person and she has not committed any offence as alleged by the prosecution. Hence, he prays for anticipatory bail to the petitioner. 4.The learned Government Advocate (criminal side) appearing for the respondent police would submit that first accused was arrested and remanded to judicial custody on 06.10.2023. He would further submit that in this case, investigation is pending. Hence, he strongly opposed to grant anticipatory bail to the petitioner.

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5.The learned counsel appearing for the intervenor has also strongly opposed to grant anticipatory bail to the petitioner. 6.Heard both sides and perused the materials available on the record.

7. Considering the facts and circumstances of the case and also considering the nature of allegation and considering the fact that in this case, investigation is pending, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition is dismissed. sd/- 15/11/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

SKN TO 1 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH(DCB), MADURAI DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.18359 of 2023 Date :15/11/2023 SS/VR/SAR- /28/12/2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3