Dr.Prof Kayathiri Devi 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 Kayathiri Devi ... Petitioner / Accused Rank not known

Vs The State represented by The Inspector of Police, Pudukottai Town Police Station, Pudukottai, Pudukottai District. Crime No.355 of 2022. ... Respondent/Complainant Bhuvaneswari ... Petitioner/Defacto-Complainant in CRL MP(MD)No.11407 of 2023 For Petitioner : M/s.A.D.Ganeshamoorthi

Advocate. For Respondent : Mr.B.Nambiselvan

Additional Public Prosecutor For Intervener : Mr.D.Ramesh Kumar, Advocate PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.355 of 2022 on the file of the Respondent police. ORDER : The Court made the following order :-

The petitioner/ Accused apprehends arrest at the hands of the respondent police for the offences under Sections 420 of IPC in Crime No.355 of 2022, on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that for the purpose of running the college peacefully, all the staff members have collected money from the students and given to the first accused. Hence the complaint.

¶3The learned counsel for the petitioner would submit that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Now there is no problem in the functioning of the college.

¶4Learned Additional Public Prosecutor would submit that so far as the first accused is concerned, he has been granted anticipatory bail by the learned Principal District Judge, Pudukottai District. But he has not appeared before the respondent, not complied the conditions and has not co-operated for enquiry. A peace committee meeting was conducted and in the meeting, accused Nos.1 and 2 made allegations against each other.

¶5No steps have been taken up by the respondent either to cancel the anticipatory bail granted to the first accused or to conclude the enquiry. Without concluding the enquiry, the matter is pending. Since the first accused has been granted anticipatory bail, so far as the amount has not been recovered and what happened to the amount that was collected from the students is to be properly investigated by the respondents. For that purpose Accused Nos.1 and 2 must co-operate with the respondent.

¶6Let the enquiry be completed within a period of 15 days. If, during the course of enquiry, any custodial interrogation is required, the respondent is at liberty to approach concerned court for appropriate orders.

¶7With this liberty and direction, this Criminal Original Petition is disposed of.

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25/09/2023

/ TRUE COPY /

/10/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. PNN TO 1 THE INSPECTOR OF POLICE PUDUKOTTAI TOWN POLICE STATION PUDUKOTTAI, PUDUKOTTAI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT,

MADURAI. +1 CC to M/s.A.D.GANESHA MOORTHI, Advocate ( SR-14271[I] dated 27/09/2023 ) ORDER IN CRL OP(MD) No.14129 of 2023 Date :25/09/2023 SS/MGA/06/10/2023/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023