Sam Thomas v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). Nos.13358 and 13469 of 2021

1.Sam Thomas

2.Devasahayam ... Petitioner / Accused No.1 & 2

Vs

1.The State Represented by The Inspector of Police, Shenkottai Police Station, Shenkottai, Tenkasi District. in Crime No.136 of 2021 ... Respondent / Complainant

2.Suseela Devi @ Suseela Devi Paulus Through her Power of Attorney Mr.S.R.Godfree Sudharsan ...Intervening Petitioner/Defacto Complainant in CRL MP(MD)No.7288 of 2021 CRL OP(MD). No.13469 of 2021 V.Mary Ajitha @ Ajithaa ... Petitioner / Accused No.3

Vs

1.The State Represented by The Inspector of Police, Shenkottai Police Station, Shenkottai,Tenkasi District. in Crime No.136 of 2021 ... Respondent / Complainant

2.Suseela Devi @ Suseela Devi Paulus Through her Power of Attorney Mr.S.R.Godfree Sudharsan ...Intervening Petitioner/Defacto Complainant in CRL MP(MD)No.7287 of 2021 (in both cases) For Petitioner : M/s.L.Shaji Chellan

Advocate. For Respondent : Mr.B.Nambiselvan

Additional Public Prosecutor For Intervener : Mr.Sylappa Kalyan,Advocate PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C COMMON PRAYER :- For Anticipatory Bail in Crime No.136 of 2021 on the file of the Respondent police. COMMON ORDER : The Court made the following order :- The petitioners/ Accused apprehends arrest at the hands of the respondent police for the offences under Sections 406, 420 and 120(b) of IPC in Crime No.136 of 2021, on the file of the respondent police, seeks anticipatory bail.

¶2Eventhough it is long pending case before this Court, as well as the Hon'ble Supreme Court, now a development has come by way of filing absconding charge sheet before the learned Judicial Magistrate, Se ngottai in C.C.No.299 of 2023 on

29.08.2023. Eventhough the petitioner has been shows as absconding accused, learned counsel for the petitioner would submitted that in pursuance of the earlier order, the petitioner has appeared before the respondent for about 15 days. But this fact is disputed by the learned counsel for the defacto complainant, stating that for one time the first petitioner appeared and later he did not. Subsequent to the order of the Hon'ble Supereme Court, remitting back the matter to this Court, the matter has been listed for disposal on merits.

¶3Learned counsel for the defacto complainant would submit that not even a single pie has been received by her in the transaction.

¶4Summon has been issued. Let the petitioners appear before the concerned Court and execute bond as required under Section 88 of Cr.P.C. There is no question of anticipatory bail. In view of the developments, the defact ocomplainant can work out his remedy before the concerned Court.

¶5With this direction, this Criminal Original Petition is disposed of.

sd/-

25/09/2023

/ TRUE COPY /

12/10/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. pnn TO

1.THE JUDICIAL MAGISTRATE, SHENKOTTAI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI

3.THE INSPECTOR OF POLICE, SHENKOTTAI POLICE STATION, SHENKOTTAI, TENKASI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +2 CC to M/s.L.SHAJI CHELLAN, Advocate ( SRs-14131,14132[I] dated 25/09/2023 ) ORDER IN CRL OP(MD). Nos.13358 and 13469 of 2021 Date :25/09/2023 RK /DD(13/10/2023) 6P /7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023