Muthulakshmi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN

1. Muthulakshmi,

2. Periyasamy, ... Petitioners/Accused Nos.1 & 2 Vs State rep.by The Inspector of Police, C5 Karimedu Police Station (Crime), Madurai.

(Crime No.1143 of 2019).

... Respondent/Complainant M.Pandiammal ... Petitioner/Defacto Complainant in CRL MP(MD)No.11173 of 2019 in CRL OP(MD)No.18736 of 2019 For Petitioners : M/s. S.A.Ajmalkhan, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) For Intervener : M/s.P.Kalaiyarasi Bharathi, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail in Crime No.1143 of 2019 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners, the learned counsel appearing for the intervener and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences under sections 120(b), 406, 420, 465, 468 and 506(i) of I.P.C., in Crime No.1143 of 2019, on the file of the respondent police, seek anticipatory bail. 1/3

3. The learned counsel appearing for the intervener would contend that it is a case of job racketing and that the petitioners received more than Rs.5,00,000/-. The petitioners' counsel states that it is a case of borrowal and lending.

4. The case against the petitioners rests on documents. Therefore, their arrest is not really warranted. The petitioners' counsel further states that the petitioners will take a demand draft for a sum of Rs.2,00,000/- favouring the defacto complainant and enclose the same along with the surrender petition within a period eight weeks from the date of receipt of a copy of this order. The Court below shall hand over the same to the defacto complainant.

5. Subject to this condition, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.V, Madurai, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. The petitioners shall appear before the concerned Magistrate within a period of eight weeks from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 02/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.V, MADURAI.

2. DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, C5 KARIMEDU POLICE STATION (CRIME), MADURAI.

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

+1 CC to M/s.S.A.AJMAL KHAN, Advocate ( SR-112[I] dated 03/01/2020 ) +1 CC to M/s.P.KALAIYARASI BHARATHI, Advocate ( SR-125[I] dated 03/01/2020 )

ORDER

IN CRL OP(MD) No.18736 of 2019 Date :02/01/2020 IAS AE/PN/SAR-III (08.01.2020) 3P 7C 3/3