CRL OP(MD)/24183/2016 of JERINA BEGUM, Vs THE SUB INSPECTOR OF POLICE, on 29 December 2016

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Ninth day of December Two Thousand SixteenPRESENT

The Hon`ble Mr Justice R.MAHADEVAN

CRL OP(MD) No.24183 of 2016

1 JERINA BEGUM,

2 SEENI SYED, ... PETITIONER(S) / ACCUSED No.2 & 3

Vs

THE STATE REB BY ITS,THE SUB INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, RAMANATHAPURAM DISTRICT, RAMANATHAPURAM.

CRIME.NO.49/2015 ... RESPONDENT / COMPLAINANT

For Petitioner : M/S.M.S.JEYAKARTHIK Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of therespondent police for the alleged offence punishable under Sections406, 420 and 506(i) IPC in Crime No.49 of 2015 on the file of therespondent police, seek anticipatory bail.

2. Heard the learned counsel on either side.

3. The case of the prosecution is that the de facto complainantgave a sum of Rs.1 lakh to the petitioner based on the assurancegiven by one Haniffa. However, the petitioner failed to do so.

4. It is submitted by the learned counsel for the petitionersthat the petitioners are innocent persons and they have notcommitted any offence and prays for anticipatory bail in favour ofthe petitioners.

5. The learned Government Advocate (Crl.side) submitted thatinvestigation is pending.

6. Considering the facts and circumstances of the case, I aminclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event ofarrest or on his appearance, within a period of fifteen days fromthe date of receipt of a copy of this order, before the learnedJudicial Magistrate No.II, Ramanathapuram, on condition that thepetitioners shall execute a bond for a sum of Rs.10,000/- (Rupeesten thousand only) with two sureties each for a like sum to thesatisfaction of the respondent police or the police officer whointends to arrest or to the satisfaction of the learned Magistrateconcerned and on further condition that:

[a] the petitioners shall report before the respondent Policedaily at 10:30 am until further orders. [b] the petitioners shall not tamper with evidence or witnesseither during investigation or trial.

[c] the petitioners shall not abscond either duringinvestigation or trial.[d] On breach of any of the aforesaid conditions, the learnedMagistrate/Trial Court is entitled to take appropriate actionagainst the petitioners in accordance with law as if the conditionshave been imposed and the petitioners released on bail by thelearned Magistrate/Trial Court himself as laid down by the Hon'bleSupreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].[e] the petitioners shall deposit a sum of Rs.1 lakh (rupeesone lakh only) jointly to the credit of Crime No.49 of 2015.

sd/- 29/12/2016

/ TRUE COPY /

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO1.THE JUDICIAL MAGISTRATE NO.II RAMANATHAPURAM2.THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM3.THE SUB INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, RAMANATHAPURAM DISTRICT, RAMANATHAPURAM. CR.NO.49/20154.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.83819

NBJ

ORDER IN

RUM/SKS-RR/30.12.2016/2P/6C CRL OP(MD) No.24183 of 2016 Date :29/12/2016