Nilofar Babar Ali v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Nilofar Babar Ali ... Petitioner/Accused No.2

Vs State Rep.by The Inspector of Police, Airport Police Station, Trichy City. Crime No.406/2023..

... Respondent/Complainant For Petitioner : M/s.Karunanithi.M, Advocate. For Respondent : Mr.B.Nambiselvan,

Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.406/2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/accused who apprehends arrest at the hands of the respondent police for the offences punishable under sections 406, 417, 420, 294(b) and 506(ii) of I.P.C., in Crime No.406 of 2023 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner along with the other accused running chit fund and collected a sum of Rs.36,01,275/- from several persons and thereafter, they have failed to return the same. Hence, the complaint.

¶3The learned counsel for the petitioner submitted that the allegation mentioned in the FIR is that the petitioner seems to have assisted the first accused, who is her mother. Except collecting the money from the depositers, there is no allegation has been made in the FIR against the petitioner.

¶4The learned Additional Public Prosecutor appearing for the respondent police submitted that the matter is going to be transferred to the Inspector of Police, City Crime Branch, Trichy, since the amount involved in this case is more than Rs.36 Lakhs.

¶5A perusal of CD file shows that the petitioner along with her husband has given an undertaking to the defacto complainant that they will settle the entire issue. Thereafter, the petitioner went to another place. The petitioner's husband removed the articles from the house, which were available in the above said house, at that time, the depositors are came there and thereafter, he was arrested and later released on bail.

¶6The learned counsel for the petitioner submitted that the petitioner is not aware of the whereabouts of the first accused.

¶7This Court is not inclined to grant anticipatory bail to the petitioner, since she assisted the first accused. I find no change of circumstances in this case from the dismissal of the earlier order. Hence, this petition deserves dismissal and accordingly dismissed.

sd/-

18/07/2023

/ TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TTA TO THE INSPECTOR OF POLICE AIRPORT POLICE STATION, TRICHY CITY. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.12506 of 2023 Date :18/07/2023 PKP/BUC/SAR- /14.08.2023/ 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023