BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Second day of November Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE S.NAGAMUTHU CRL OP(MD) No.14274 of 2011 RAJALAKSHMI ... PETITIONER/ACCUSED No.2 Vs THE INSPECTOR OF POLICE SIPCOT POLICE STATION, TUTICORIN DT, CR NO. 311/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. C.T.PERUMAL Advocate For Respondent : K.S.DURAIPANDIAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.311 of 2011 on the file of the respondent police for alleged offences under Sections 415, 417 and 420 of the Indian Penal Code, the petitioner has come up with the present petition seeking anticipatory bail. 2. According to the case of prosecution, the petitioner's husband is running a Travel Agency. For the purpose of the said business, he borrowed a sum of Rs.9 Lakhs from the defacto complainant, promising to repay the same with interest. Subsequently, he failed to repay the same. With these allegations, the present case has been registered. 3. The learned counsel for the petitioner would submit that even assuming that these allegations are true, there is no element of cheating. Therefore, this case is prima facie false. 4. I have considered the above submissions. 5. As rightly submitted by the learned counsel for the petitioner that there are materials to show that it was only a loan transaction and thus, prima facie there is no allegation of cheating. Further, even in respect of the said money transaction, the petitioner has got no connection, except, she being the wife of the first accused. https://hcservices.ecourts.gov.in/hcservices/ 6. In such view of the matter, I am inclined to grant anticipatory bail to the petitioner, but with conditions. 7. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on her appearance before the learned Judicial Magistrate, No.I, Tuticorin, 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 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 petitioner shall report before the respondent police as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. sd/- 02/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.I, TUTICORIN 2. THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN 3. THE INSPECTOR OF POLICE SIPCOT POLICE STATION, TUTICORIN DT, 4. THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. C.T.PERUMAL Advocate SR.No.37645 GH : 04.11.2011 : 2P/6C ORDER IN CRL OP(MD) No.14274 of 2011 Date :02/11/2011 https://hcservices.ecourts.gov.in/hcservices/