Arokiyaraj v. The Inspector of Police

CRL OP(MD). No.21386 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.21386 of 2022

¶1Arokiyaraj ...1st Petitioners/Accused No.1

¶2Kithiriyammal ...2nd Petitioner/Rank Not known

Vs

¶1The State rep.by, The Inspector of Police, All Women Police Station, Tiruchirappalli District (Crime No.14 of 2022). ... Respondent/Complainant

¶2Sheeba Rani, ...2nd Respondent/Defacto Complainant (R2 is Suo Motu Impleaded as Per Order of the Court dated 02.12.2022 in CRL OP(MD)No.21386/2022)

For Petitioner : M/s.Anbarasu D, Advocate. For Respondent : M/S.B.Thanga Aravindh, No.1 Government Advocate (Crl.Side) For Respondent : Mr.T.Lenin Kumar, Advocate No.2 PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.14 of 2022 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners/accused who apprehend arrest at the hands of the respondent police for the offences punishable under sections 294(b) and 406 of I.P.C., in Crime No.14 of 2022 on the file of the respondent police, seek anticipatory bail. CRL OP(MD). No.21386 of 2022

¶2Heard both sides and perused the materials available on record including the First Information Report.

3.This Court vide order dated 28.02.2023 in Crl.O.P(MD) No.21386 of 2022 considering the undertaking affidavit filed by the first petitioner has granted interim anticipatory bail to the petitioners directing the first petitioner/husband and the defacto complainant/wife to appear before the respondent police for enquiry regarding return of 16 sovereigns of jewels. However the first petitioner did not appear before the respondent for enquiry.

¶4Now the learned counsel for the petitioner submitted that because of the non-compliance of the order he has withdrawn his appearance. Even then the petitioners did not engage any other counsel on behalf of them.

¶5The petitioners have failed to comply with the directions issued by this Court while granting interim anticipatory bail

¶6Taking into consideration all the above facts, this court is inclined to grant anticipatory bail to the petitioners.

¶7Hence the petition stands dismissed. sd/- 10/04/2023

/ TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. AAV TO

1.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TIRUCHIRAPPALLI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.ANBARASU D, Advocate ( SR-5669[I] dated 11/04/2023 ) ORDER IN CRL OP(MD) No.21386 of 2022 Date :10/04/2023 RK/BUC/SAR-1(17/04/2023) 4P/4C