CRL OP(MD)/16151/2020 of Vinitha Vs The Inspector of Police on 31 December 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

PRESENT

The Hon`ble Mr.Justice G.ILANGOVAN

Vinitha

The State rep.by The Inspector of Police,Sellur Police Station, Madurai City. Crime No.2670 of 2020. ... Respondent/Complainant For Petitioner :Mr.M.S.Jeyakarthik,Advocate.

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

PRAYER :-

For Anticipatory Bail in Cr.No. 2670 of 2020 on the file of therespondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and thelearned Government Advocate(Crl. Side) appearing for the respondent.

2.The petitioner apprehending arrest at the hands of therespondent police for the offences punishable under Section 380 ofI.P.C., in Crime No.2670 of 2020 on the file of the respondentpolice, seeks anticipatory bail.

3.A reading of the FIR and hearing arguments of the respectiveparties, it is seen that the FIR has been registered on the basis ofthe second occurrence, in which 18 grms of gold jewels were foundstolen. The petitioner was suspected not only the present occurrencehttps://hcservices.ecourts.gov.in/hcservices/

but also that in the earlier occurrence, in which Silver vessel wasalso found missing. In that case also the petitioner's involvementwas suspected. According to the petitioner, she is educated and nowwaiting for job. The petitioner has expressed her readiness todeposit the value of the alleged stolen articles.

4.Considering the position of the petitioner, I am inclined togrant anticipatory bail to the petitioner with certain conditions.Accordingly, petitioner is ordered to be released on bail in theevent of arrest or on her appearance before the learned JudicialMagistrate No.II, Madurai and on her executing a bond for a sum ofRs.10,000/- (Rupees Ten thousand only) with two sureties each for alike sum to the satisfaction of the respondent Police or to thePolice Officer, who intends to arrest or to the satisfaction of thelearned Magistrate concerned and on further condition that:

(a)The petitioner and the sureties shall affix theirphotographs and left thumb impression in the surety bond and theMagistrate may obtain a copy of their Aadhar card or Bank pass Bookto ensure their identity; (b)the petitioner shall deposit a sum of Rs.1,00,000/- as cashsecurity to the credit of Crime No.2670 of 2020 before the learnedJudicial Magistrate No.II, Madurai.

(c) the petitioner shall report before the respondent police asand when required for interrogation.

(d)the petitioners shall not tamper with evidence or witnesseither during investigation or trial; (e)the petitioners shall not abscond either duringinvestigation or trial; (f)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 SCW5560]; and; (f)if the accused thereafter absconds, a fresh FIR can beregistered under Section 229-A IPC.

5.Since the petitioner and the defacto complainant areneighbours, the matter is referred to the Mediation Centre attachedto the District Legal Services Authority, Madurai District formediation, which shall conduct mediation so that the future of thepetitioner may not be affected, if the matter is compromised betweenhttps://hcservices.ecourts.gov.in/hcservices/them. The petitioner and the defacto complainant shall appear before the Mediation Centre attached to the District Legal ServicesAuthority, Madurai District, on receipt of notice.

sd/-

31/12/2020

/ TRUE COPY /

/ /2021

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

Note : In view of the present lock down owing to COVID-19 pandemic,a web copy of the order may be utilized for official purposes, but,ensuring that the copy of the order that is presented is the correctcopy, shall be the responsibility of the advocate/litigantconcerned.

TO

1.THE JUDICIAL MAGISTRATE No.II, MADURAI.

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

3.THE INSPECTOR OF POLICE,

SELLUR POLICE STATION, MADURAI CITY.

4.THE ADDITIONAL PUBLIC PROSECUTOR

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

THE OFFICER INCHARGE,THE DISTRICT LEGAL SERVICES AUTHORITY, MADURAI DISTRICT.

+1. CC to M/S.JEYAKARTHIK.M.S. Advocate SR.No.8587