1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11353 of 2011 P.CHITRA DEVI ... PETITIONER/ACCUSED NO.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KARUR. CR.NO.23/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.C.EZHIZHARASU Advocate For Respondent : MR. A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner /Accused No.2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 120 (B), 403,468,471,477(A) and 420 IPC, in Crime No.23 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned counsel for the petitioner would submit that the petitioner is arrayed as A2 and she is the wife of the A1 and a false case has been foisted against the petitioner under Sections Sections 120(B), 403,468,471,477(A) and 420 IPC. The husband of the petitioner working as Accountant under the de-facto complainant's company namely Premier Textiles. During the tenure, he has alleged misappropriated a sum of Rs.4,20,000/- the petitioner is nothing to do with the commission of offence and she is away from the matrimonial home and now only she gave a child and the investigation is going on and hence, she prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor (Crl.side) submits that the petitioner arrayed as A2 and she is the wife of A1. The petitioner's husband working as Cashier – cum – Accountant under the de-facto complainant's company namely Premier Textiles and he is misappropriated ten cheques worth of Rs.4,20,000/-. He further submits that A1 was arrested and enlarged on bail and the investigation is going on and hence he prays for dismissal of the petition. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Considering the rival submissions on both sides, it is seen that A1 is a Cashier-cum-Accountant under the de-facto complainant's company namely Premier Textile, he is alleged to misappropriating a sum of Rs.4,20,000/- and the petitioner also a part of commission of offence; A1 already arrested and enlarged on bail, A2 is the wife of A1 and she is only a house wife and she is having two children and one of her children is six months old and even though the petitioner was not arrested she neither interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 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.I, Karur, and on her 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 learned Judicial Magistrate concerned and on further condition that the petitioner shall report before the learned Judicial Magistrate No.I, Karaikudi daily at 10.30 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. 6.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, anticipatory bail petition stands dismissed. sd/- 16/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I, KARUR 2 THE CHIEF JUDICIAL MAGISTRATE, KARUR 3 THE JUDICIAL MAGISTRATE NO.1, KARAIKUDI 4 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI 5 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KARUR. 6 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.C.EZHIZHARASU Advocate SR.No.31820 ORDER IN CRL OP(MD) No.11353 of 2011 Date :16/09/2011 TR : 21.09.2011: 2p/8c https://hcservices.ecourts.gov.in/hcservices/