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Madras High CourtCRL OP/3067/2017granted

Kanagasababathi, M/A 64 Yrs, v. State Rep By,

2017-03-02Honourable Dr. Justice P. Devadass3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Second day of March Two Thousand Seventeen PRESENT The Hon`ble Dr. Justice P. DEVADASS CRIMINAL ORIGINAL PETITION No.3067 of 2017 1 KANAGASABABATHI [ PETITIONERS / ACCUSED ] 2 AGILANDESWARI Vs STATE REP BY, [ RESPONDENT ] THE INSPECTOR OF POLICE, VENANDUR POLICE STATION, NAMAKKAL DISTRICT, CR.NO.NOT KNOWN/2017 For Petitioner : M/S.C.N.EHOMA SAVIOUR Advocate For Respondent : R.SEKAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petition for anticipatory bail.

2. Offences alleged are under Sections 366(A), 294b and 506(ii) IPC.

3. Heard both sides.

4. According to the learned counsel for the petitioners, except petitioners being the parents of A1, they are nothing to do with the alleged wrong doing by their son/A1. They are ready to co-operate with the police enquiry. They are having fixed place of residence. Apprehending arrest, they seek anticipatory bail.

5. Investigation Officer filed counter.

6. Learned Government Advocate (Crl.Side) submitted that petitioners' son ran away with the defacto complainant's daughter, who is a minor. The defacto complainant alleged that with the connivance of the petitioners, their son/A1 eloped with the defacto complainant's minor daughter.

7. I have considered the rival submissions made on either side and perused the petition for anticipatory bail and counter filed by the Investigation Officer.

8. It is stated that A1 and defacto complainant's daughter are hiding in Paramakudi in Ramnad District. It is stated in the counter that the petitioners shifted their place of hide out. Except the same, there is no material so far collected to weigh the incriminating information as against the petitioners. They are also ready to reveal, as and when any clue about their son is received and to cooperate with the Investigation Officer.

9. Considering all the above aspects, I am inclined to grant them anticipatory bail.

10. Ordered as under:- (i) Anticipatory bail granted to the petitioners; (ii) Petitioners shall surrender before the learned Judicial Magistrate, Rasipuram, within 15 days of receipt of a copy of the order;

(iii) Petitioners shall execute a separate bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the said Magistrate;

(iv) First Petitioner Kanagasababathi shall report before the respondent police on every Monday and Friday at 10.30am for two weeks and thereafter, as and when required for interrogation. (v) Second Petitioner Agilandeswari shall report before the respondent police as and when required for interrogation. -sd/- 02/03/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, RASIPURAM.

2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, VENANDUR POLICE STATION, NAMAKKAL DISTRICT, +1 CC to M/S.C.N.EHOMA SAVIOUR Advocate on payment of necessary charges SR.NO.4060 CRL OP.3067/2017 Date :02/03/2017 PTI-09/03/2017