Maheshwari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.12.2023 PRESENT The Hon`ble MR JUSTICE V.SIVAGNANAM 1.Maheshwari 2.Lalitha ... Petitioner/Accused Nos. 1 & 2 Vs The Inspector of Police, Kumbakonam West Police Station, Thanjavur District.

(Cr.No.755 of 2022) ... Respondent/Complainant For Petitioner : Mr.K.Kumaravel,Advocate For Respondent : Mr.R.Surehkumar, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.755 of 2022 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/4

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 420 IPC in Crime No.755 of 2022 the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners given false statement and obtained gold chain from the defacto complainant and given gold covering chain to the defacto complainant. Hence, the case.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. Due to non-appearance of the petitioners in C.C.No.269 of 2022 before the learned Judicial Magistrate No.I, Kumbakonam, non-bailable warrant came to be issued on 02.01.2023. Therefore, he seeks anticipatory bail to the petitioners. 4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that investigation is completed and charge sheet also filed. Due to non appearance of the petitioners, the trial Court issued non-bailable warrant. Therefore, the petitioners have to approach the trial Court. 2/4

5.In view of the above, this criminal original petition is dismissed with liberty to the petitioners to surrender before the trial Court and file a petition. If any petition is filed by the petitioners, the same shall be considered on the very same day, in accordance with law.

sd/- 12/12/2023 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO THE JUDICIAL MAGISTRATE NO.I KUMBAKONAM.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM.

THE INSPECTOR OF POLICE KUMBAKONAM WEST POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.21598 of 2023 Date :12/12/2023 PKP/DD/SAR- /03.01.2024/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4