1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of November Two Thousand Eleven PRESENT The Hon`ble Mr. Justice S.NAGAMUTHU CRL OP(MD) No.14216 of 2011 1 JEEVITHA 2 SUBRAMANIAN 3 JEYALAKSHMI ... PETITIONERS / ACCUSED 2 TO 4 Vs THE STATE REP. BY, INSPECTOR OF POLICE ASARIPALLAM POLICE STATION, KANYAKUMARI DISTRICT CR.NO. 428 OF 2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. G.THALAIMUTHARASU Advocate For Respondent : MR.K.S.DURAIPANDIAN, Addl. Public Prosecutor (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are accused Nos.2 to 4 in Cr.No.428 of 2011 on the file of the respondent police for offence under Sections 417 and 420 of I.P.C. Apprehending arrest, at the hands of the respondent police, the petitioners are before this Court seeking anticipatory bail. 2.According to the case of the prosecution, the first accused in this case is one Arul Ram. He is a business man. He collected various amounts from the public. By floating his scheme known as “Swarnika Gold Saving Plan”, he failed to give gold to the customers. With these allegations, the present case has been registered. 3.The learned counsel for the petitioners would submit that Sofar as the petitioners are concerned, the first petitioner is the wife of first accused, petitioners 2 and 3 are the parents of first accused. The allegation stands only as against the first accused. There is no specific overt act against these petitioners. Hence the petitioners are entitled for anticipatory bail. 4.I have considered the above submissions. 5.Having regard to the old age of the petitioners and their relationship, prima facie, I am of the opinion that they have got nothing to do with the business run by the first accused. Hence, I am inclined to grant bail to the petitioners, but with stringent conditions: https://hcservices.ecourts.gov.in/hcservices/ 2 6.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.I, Nagercoil, on each executing a bond for a sum of Rs.10,000/- (Rupees ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall report before the respondent police as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. sd/- 01/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.I, NAGERCOIL. 2. THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL. 3. INSPECTOR OF POLICE ASARIPALLAM POLICE STATION, KANYAKUMARI DISTRICT. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. G.THALAIMUTHARASU Advocate SR. No.37459 ORDER IN CRL OP(MD) No.14216 of 2011 Date :01/11/2011 RJ/3.11.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/