Rajivi Gandhi v. State Rep By

Crl.O.P.No.7035 of 2016 K.KALYANASUNDARAM, J.

The petitioners, who are arrayed as A-2 to A-6, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 363, 366(A) and 506(i) read with Section 109 of IPC and Section 4 of POSCO Act (Prevention of Children from Sexual Offences Act,2012), in Crime No.330 of 2015, on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that the first accused with the help of other accused have kidnapped the daughter of the defacto complainant on 16.12.2015.

3. The learned counsel for the petitioners would submit that there was a love affair between the first accused and daughter of the defacto complainant and the petitioners are the only relatives of the first accused. It is further submitted that the prime accused/A1 was arrested and remanded to judicial custody and the victim girl was produced before this Court in HCOP. No.207 of 2016 on 22.03.2016.

4. The learned Government Advocate (Crl.side) would submit that this is a case of love affair and the victim girl has been secured and now, she is residing with her parents.

K.KALYANASUNDARAM, J.

gv/sms 5.Considering the above facts and circumstances of the case and considering the nature of the allegation against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Udumalaipettai on their 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 Magistrate concerned and on further condition that petitioners 1,2,4 & 5 shall appear before the respondent police for a period of two weeks and thereafter, as and when required for interrogation and the third petitioner, being a lady, shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

31.03.2016 gv/sms Crl.O.P.No.7035 of 2016