BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Sixth day of September Two Thousand Eleven PRESENT The Hon`ble Mr. Justice S.PALANIVELU CRL OP(MD) No.12537 of 2011 T.MALAIARASI ... PETITIONER / SOLE ACCUSED Vs STATE REP. BY THE SUB-INSPECTOR OF POLICE AVANIAPURAM POLICE STATION, MADURAI DISTRICT. CRIME NO.438 OF 2011. ... RESPONDENT / COMPLAINANT For Petitioner : M/S. G.MARIMUTHU Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/sole accused was arrested and remanded to judicial custody on 01.09.2011 for the alleged offences punishable under Sections 406, 420 and 506 (i) IPC in Crime No.438 of 2011 on the file of the respondent police and hence, she seeks bail. 2. The case of the prosecution is that the petitioner/accused was running Sembon Peoples Welfare Center at her village. She collected money from various persons including the defacto complainant on the premises that if anybody pays Rs.650/- and Rs.5,150/-, she will arrange loan for them. However, it is stated that due to the poor condition of the petitioner / sole accused, she could not fulfill her promise. Hence, this petition. 3. The learned counsel for the petitioner would submit that the petitioner is a lady, who is languishing in jail from 01.09.2011, that her husband is taking care of her two children, that had she not been detained, she could raise the amount and deposit the same, in case if the Court is directed her to do so and that since she is in jail, she is not in a position to raise any fund. Further, the contentions raised against the petitioner is very vague which could not be established before the Court below. Earlier, the petitioner moved a petition for bail in Crl.M.P.No.3315 of 2011 dated 16.09.2011 in which the learned Public Prosecutor had stated that out of Rs.9,00,000/-, a sum of Rs.6,00,000/- have been recovered and the remaining Rs.3,00,000/- is yet to be recovered. The investigation is likely to be completed. 4. The learned Government Advocate (Crl. Side) would oppose for granting of bail to the petitioner on the ground that the investigation is pending. Hence, he prays for the dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 5. Considering the facts and circumstances of the case, I am inclined to grant bail to the petitioner with certain conditions. 6. Accordingly, the petitioner is ordered to be released on bail on 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 concerned Judicial Magistrate No.IV, Madurai, and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m., until further ordes. sd/- 26/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.IV, MADURAI. 2. THE CHIEF JUDICIAL MAGISTRATE MADURAI. 3. THE SUB-INSPECTOR OF POLICE AVANIAPURAM POLICE STATION, MADURAI DISTRICT. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 5. THE OFFICER IN-CHARGE, SPECIAL PRISON FOR WOMEN, TRICHY. +1. CC to M/S. G.MARIMUTHU Advocate SR.No.33212 ORDER IN CRL OP(MD) No.12537 of 2011 Date :26/09/2011 RJ/28.9.11 2p/7c https://hcservices.ecourts.gov.in/hcservices/