Venmathi v. State through The Inspector of Police, Madurai
2022-08-23
G.ILANGOVAN
body2022
DigiLaw.ai
JUDGMENT (Prayer:-C-24AB.For Anticipatory Bail in Crime No.759 of 2022 on the file of the Respondent Police.) 1. The petitioner, who is arrayed as A4 was arrested, on 17/07/2022 and remanded to judicial custody for the alleged offences punishable under sections 406, 420 and 506(i) IPC, in Crime No.759 of 2022, seeks bail. 2. The case of the prosecution is that the de-facto complainant lodged a complaint stating that the marriage arrangement was made and betrothal was also performed in the house of the petitioner. On 27/06/2021, the above said Anitha used to demand money and jewels, etc. Towards satisfying the demand that was made by the Anitha, the de-facto complainant is used to transfer money to the account of the above said Anitha and his father etc. Similarly he has also arranged gold jewels worth about 1,50,000/- and also provided to the above said Anitha in the presence of the petitioner and another. Later Anitha got married to some other person over which above cheating occurrence, the complaint has been lodged, upon which the present case has been registered. 3. During the course of investigation, four persons namely this petitioner and others filed anticipatory bail petition before this court in Crl.OP(MD)No.9216 of 2022 and this court by order dated 25/05/2022 directed the petitioners therein namely P.Anitha, Periyasamy, P.Gomathy and Venmathi to surrender before the concerned court. Before that they must deposit Rs.7,50,000/- to the credit of the crime number before the concerned court. On surrender being made and deposit receipt being shown, the trial court was directed to consider the bail application of the accused persons on the same day itself. 4. But later they defaulted and they did not surrender before the concerned court and also deposit the money. Later they were arrested and remanded to judicial custody. The petitioner being the 4th accused would submit that absolutely, there is no specific allegation in the complaint or during the course of investigation. She is noway involved in the above said occurrence. Simply because she is stated to the sister of the above said P.Anitha, no other specific overtact has been attributed.
The petitioner being the 4th accused would submit that absolutely, there is no specific allegation in the complaint or during the course of investigation. She is noway involved in the above said occurrence. Simply because she is stated to the sister of the above said P.Anitha, no other specific overtact has been attributed. The bail application that was filed by the petitioner came to be dismissed by the Principal District Judge, Madurai on the ground that there is specific allegation to the effect that she has also involved in the above said occurrence and without complying the condition, she is not entitled for bail. Later the petitioner seeks bail. According to the trial court, the the amount must be deposited as ordered by this court. 5. The learned counsel appearing for the petitioner would submit that she is in custody for more than 30 days and except stating that she is happened to be the sister of A1 no other specific overtact has been attributed against her. Even when we go thro' the entire records and CD file, the allegation that has been made in the FIR except stating that the marriage function was performed in the house of the petitioner, no specific overtact has been made against the petitioner. But however, this petitioner was also found wearing the jewels at the time of betrothal. From this we cannot presume that the above said jewels belongs to the de-facto complainant. 6. Now whatever it may be, the petitioner is in custody for more than 30 days and absolutely, there is no specific allegation against her with regard to misappropriation of jewels. It appears that it is a dispute between A1 and the de-facto complainant. 7. Considering the above facts and circumstances of this case, this court is inclined to enlarge the petitioner on bail. Accordingly, the petitioner is ordered to be released on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.V, Madurai and on further condition that the petitioner shall report before the respondent police daily at 10.30 am until further orders.