BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice K.N. BASHA CRL OP(MD) No.16690 of 2011 VIRGIN MARY ... PETITIONER / ACCUSED 2 Vs STATE REP BY:: THE INSPECTOR OF POLICE DCB POLICE STATION, NAGERCOIL, CR NO,.66/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. C.K.M.APPAJI Advocate For Respondent : MR. T. MOHAN, ADDL. PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offences under Sections 120(b), 420, 468, 385 and 506(i) of I.P.C. in Crime No.66 of 2011 on the file of the respondent police and seeks anticipatory bail. 2. The learned counsel for the petitioner submitted that the petitioner has been arrayed as A2 and he has been implicated on the allegation that the petitioner has created some forged documents in respect of the property in Survey No.282/1ABC-2B-1B. It is further submitted by the learned counsel for the petitioner that earlier this Court granted the relief of anticipatory bail to the petitioner by order dated 29.10.2011 in Crl.O.P.No.11613 of 2011 and the petitioner also appeared before the Magistrate Court and executed the sureties. But unfortunately, the petitioner, who has been arrayed as A2, was not able to comply the conditions due to his illness. It is submitted that the non-compliance of the condition is neither willful nor wanton, but only due to the above said circumstances. 3. Per contra, Mr.T.Mohan, learned Additional Public Prosecutor submitted that the petitioner along with other co-accused have already https://hcservices.ecourts.gov.in/hcservices/ been granted the relief of anticipatory bail by this Court in Crl.O.P.No.11613 of 2011 dated 29.10.2011, but the petitioner has not complied the condition after executing the sureties. It is submitted that the investigation is pending. 4. The fact remains that the petitioner has already been granted the relief of anticipatory bail along with the other accused as per the order of this Court dated 29.10.2011 for the above said offences. It is submitted before this Court that due to his illness, the petitioner was not able to comply the conditions. It is seen that the extension petition filed by the petitioner was also dismissed by this Court. However, considering the non-action on the part of the respondent police by filing a petition for cancellation of anticipatory bail, this Court is inclined to grant the relief of anticipatory bail to the petitioner. 5. Accordingly, the petitioner is ordered to be released on bail in the event of her arrest or on her appearance before the learned Judicial Magistrate No.II, Kuzhithurai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the said learned Judicial Magistrate or to the satisfaction of the respondent police or the police officer who intends to arrest and on further condition that the petitioner shall report before the respondent police daily at 5.30 p.m. for a period of eight weeks and thereafter, she shall be available for interrogation as and when required. sd/- 21/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, KUZHITHURAI 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4 THE INSPECTOR OF POLICE DCB POLICE STATION, NAGERCOIL 1. CC to M/S. C.K.M.APPAJI Advocate SR.No.45138: DM::2011:DECEMBER:23:: ORDER IN CRL OP(MD) No.16690 of 2011 2P:6C:: Date :21/12/2011 https://hcservices.ecourts.gov.in/hcservices/