Saravanan v. The Sub-Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10591 of 2015 SARAVANAN ... PETITIONER/ACCUSED NO.1 Vs STATE REP BY THE SUB-INSPECTOR OF POLICE KADUPATTI POLICE STATION, MADURAI, CRIME NO.25/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.PITCHAIMUTHU Advocate For Respondent : MR.K.V.RAJARAJAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as first accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 366(A) @ 366(A), 376 r/w Section 6 of Protection of Children from Sexual Offences Act, 2012, in Crime No. 25 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner kidnapped the daughter of the defacto complainant and raped her. 3.The learned counsel for the petitioner submitted that the petitioner and the daughter of the defacto complainant had fallen in love with each other, which is not liked by her parents and therefore, she was prevented from pursuing her studies and thereafter, the daughter of the defacto complainant namely Ms.Sonia, on her own volition, joined with the petitioner on 16.02.2015 and both of them got married. He further submitted that the defacto complainant had filed a Habeas Corpus Petition in H.C.P.No.246 of 2015 and the alleged detenue was produced before the Court on 26.04.2015 and she expressed her willingness to go with the petitioner. However, considering her age, she was sent along with her mother. The learned counsel further submitted that the petitioner is always ready to take her as his wife and live with her.

4.The learned Government Advocate (Crl.side) submitted that the victim is 17 years old and she was kidnapped and raped by the accused.

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5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Vadipatti, Madurai District, on his executing a separate 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 the petitioner shall appear before the respondent police daily at 10.00 a.m until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

7. The petitioner 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.

sd/- 12/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VADIPATTI 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE SUB-INSPECTOR OF POLICE KADUPATTI POLICE STATION, MADURAI, 4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.PITCHAIMUTHU Advocate SR.No.30170

ORDER

IN CRL OP(MD) No.10591 of 2015 Date :12/06/2015 NA/PPS/16/06/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/