Nevitha v. The Inspector of Police

CRL OP(MD).No.8777 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/05/2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD).No.8777 of 2023 Nevitha ... Petitioner/Accused No.3

Vs State Rep.by The Inspector of Police, District Crime Branch, Pudukottai District. (In Crime No.5/2023)

... Respondent/Complainant For Petitioner : M/s.Rajiv Rufus V, Advocate. For Respondent : Mr.S.S.Madhavan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime No.5/2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/ A3, who was arrested and remanded judicial custody on 30.03.2023 for the offences punishable under Sections 417, 420 of IPC in Crime No.5 of 2023, on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the defacto complainant gave around Rs.15,00,000/- to one Santhoshraja/A1 for getting job in abroad. But the first accused failed to arrange any job as assured and cheated the defacto complainant. Hence, the complaint.

¶3The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. However, he would further submit that the petitioner shall abide any condition imposed by this Court. Hence, he seeks bail.

¶4Heard both sides and perused the materials available on record. CRL OP(MD).No.8777 of 2023

¶5Considering the facts and circumstances of the case and also considering the nature of the offence, this Court is inclined to grant interim bail till 23.06.2023 to the petitioner with certain conditions.

(a) The petitioner is directed to deposit a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) to the credit of Crime No.05 of 2023 on the file of the learned Judicial Magistrate No.II, Pudukkottai, within a period of two weeks from the date of receipt of a copy of this order.

(b) On such deposit being made the Superintendent of Prison for Women, Trichy, is directed to release the petitioner forthwith by name, Nevitha, aged 27 years, C/o.Atlinvino, Midalam, Udayamarthandam, Vilavancode, Kanyakumari District, on interim bail till 23.06.2023,

05.30 pm, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties (of which one shall be a blood related surety) each for a like sum to the satisfaction of the learned Magistrate concerned. The petitioner shall also file an undertaking affidavit in order to surrender on or before 19.06.2023.

(c) The petitioner is directed to surrender before the Superintendent of Prison for Women, Trichy, by 05.30 pm on

23.06.2023.

(d) the petitioner shall report before the respondent police every Saturday at 10.30 a.m. till her surrender.

(e) The defacto complainant is permitted to withdraw the amount deposited by the petitioner.

6.Post the matter before this Court on 26.06.2023 under the caption 'for Reporting compliance'. sd/- 18/05/2023 / TRUE COPY / 22/05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. vsd To 1 THE JUDICIAL MAGISTRATE NO.II, PUDUKKOTTAI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI. 3 THE SUPERINTENDENT, CENTRAL WOMEN PRISON, TRICHY. CRLeOP(MD).No.8777eofe2023 4 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, PUDUKOTTAI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.RAJIV RUFUS V, Advocate ( SR-7635[I] dated 19/05/2023 ) ORDER IN CRL OP(MD) No.8777 of 2023 Date :18/05/2023 RS/CG/SAR-(22.05.2023) 3P 7C