Vignesh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of August Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.12487 of 2015 VIGNESH ... PETITIONER / ACCUSED No.1 Vs STATE REP.BY THE INSPECTOR OF POLICE THENI POLICE STATION, THENI DISTRICT, IN CRIME ANO.438 OF 2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.K.ASHOK KUMAR RAM Advocate For Respondent : M/S S.PRABHA 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 A1, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 366(A) of I.P.C., and Sections 6,10 and 17 of Protection of Children from Sexual Offence Act, 2012 No.438 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.
2. According to the prosecution, the accused have kidnapped the daughter of the de-facto complainant, who was studying B.Com., in V.V.V.College at Virudhunagar.
3. The learned counsel for the petitioner submitted that the first accused and the de-facto complainant fell in love with each other and on her own volition, she eloped with the first accused. He further submitted that the victim girl was secured and now she is in the custody of the defacto complainant.
4. The learned Government Advocate (Crl.Side) would submit that it is a case of love affair and A2 and A3, who are the mother and close relative of A3 were granted anticipatory bail by the Sessions Court, Theni. She further submitted that the victim girl was secured and now she is in the custody of the parent.
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain condition.
6. Accordingly, the petitioners is ordered to be released on bail in the event of arrest or on his appearance before the Special judge cum Mahila Court, Theni and on 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 the petitioners shall appear before the respondent police daily at 10.00 a.m. for period of until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. https://hcservices.ecourts.gov.in/hcservices/
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.
sd/- 04/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SPECIAL JUDGE CUM MAHILA COURT, THENI 2 THE INSPECTOR OF POLICE THENI POLICE STATION, THENI DISTRICT 3 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.K.ASHOK KUMAR RAM Advocate SR.No.43856 ORDER IN CRL OP(MD) No.12487 of 2015 Date :04/08/2015 JAM/AMF/SAR-I/11.8.15/2P-5C https://hcservices.ecourts.gov.in/hcservices/