Madheswaran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Eighth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7014 of 2022 1 MADHESWARAN [ PETITIONERS / ACCUSED ] 2 MUTHUMANI 3 INDIRA 4 KAVIARASU 5 SUBRAMANI 6 RASAMMAL 7 SENTHILKUMAR Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, RASIPURAM POLICE STATION, NAMAKKAL DISTRICT.

CR.NO. 102 OF 2022.

For Petitioner : M/S. W.CAMYLES GANDHI Advocate For Respondent : MR. S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 324, 341, 427, 506(i) & 365 of IPC in Crime No.102 of 2022, on the file of the respondent police, seek anticipatory bail. 2.

The case of the prosecution is that the defacto complainant's sister son namely Ajith Kumar eloped with the 1st petitioner's daughter and went to the SP Office. Upon information, the defacto complainant's family members went to the S.P. Office and the petitioners herein were already present there. After the completion of enquiry, they were directed to approach the Pellukurichi Police station for protection. While the defacto complainant's family along with the 1st petitioner's daughter were travelling at the Sendhamangalam Road towards Pellukurichi Police station, the petitioners herein had intercepted the car, assaulted them with stones, wooden log and took away the 1st petitioner's daughter along with them. Hence a complaint has been lodged against the petitioners herein.

3. The learned counsel for the petitioners states that the said the 1st petitioner had lodged a complaint against the said Ajith Kumar on 16.03.2022 for kidnapping his daughter and the incident has took place on 17.03.2022 while rescuing his daughter.

4. Considering the above facts, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the Learned Judicial Magistrate, Rasipuram on condition that each of the petitioners shall execute a separate bond for a sum of Rs.

(c)the petitioners shall report before the Investigating Officer daily at 10.30 a.m., until further;

(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioners shall not abscond either during investigation or trial;

(f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 28/03/2022 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(FOR INFORMATION) 3 INSPECTOR OF POLICE, RASIPURAM POLICE STATION, NAMAKKAL DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. W.CAMYLES GANDHI Advocate on payment of necessary charges Sr.4628 CRL OP.7014/2022 Date :28/03/2022 RVR 31/03/2022