P.Madhavan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventh day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12619 of 2015 P.MADHAVAN ... PETITIONER / ACCUSED Vs STATE REPRESENTED BY ITS THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SANKARANKOIL, TIRUNELVELI DISTRICT. CRIME NO.8 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.V.SANTHAKUMARESAN 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 accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 343, 417, 376, 506(i) I.P.C., in Crime No.

8 of 2015, on the file of the respondent police and hence, seeks anticipatory bail. 2.According to the defacto complainant, the accused and the defacto complainant had fallen in love with each other while they are studying at Lakshmiammal Polytechnic College and he also assured to marry her. While so, on 23.05.2015 at 01.00 p.m., he took her to Coimbatore and by force, had physical relationship with her.

3.The learned Counsel for the petitioner submitted that the defacto complainant was already married to one Vignesh, S/o Asirvatham and the marriage was also registered on 05.09.2011, in the office of the Registrar of marriage, Kovilpatti and the petitioner is four years younger than the defacto complainant. It is further submitted that the petitioner has been falsely roped in this case with an ulterior motive. 4.The learned Government Advocate (Crl.Side), on instructions, would submit that the defacto complainant was already married and she had illicit relationship with the accused and subsequently, this complaint was given.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Sankarankoil and on his 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 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.

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6.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/- 07/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOIL 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SANKARANKOIL, TIRUNELVELI DT. CRIME NO.8 OF 2015 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.V.SANTHAKUMARESAN Advocate SR.No.37244 Sm:AMF:09.07.2015:2P/6C

ORDER

IN CRL OP(MD) No.12619 of 2015 Date :07/07/2015 https://hcservices.ecourts.gov.in/hcservices/