Pandi @ Maruthu Sundara v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13151 of 2015 1 PANDI @ MARUTHU SUNDARA PANDIAN, 2 SASIKUMAR 3 CHINNADRUAI ... PETITIONERS / ACCUSED NO.2,3 & 4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, RAMESWARAM, RAMANATHAPURAM DISTRICT, CRIME NO.12/15 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.JOHN SATHYAN Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.2 to 4, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 417, 376 and 506(i) of the Indian Penal Code in Crime No.12 of 2015 on the file of the respondent police and hence, seek anticipatory bail.
2. According to the defacto complainant, after the demise of her husband on 24.02.2015, she was residing with her 3 year old child in the house of her elder sister-Jeyarani. The first accused, who is the brother-in-law of A.2, had raped her on 27.03.2015 by force and thereafter, he assured to marry her and had physical relationship subsequently. When the first accused refused to marry her, she informed the same to the second and third accused, they threatened her and also sent from her sister's house.
3. The learned counsel for the petitioners submitted that they are nothing to do with the offence committed by the first accused and they have been implicated with an ulterior motive. It is further submitted that even as per the allegation in the compliant, they have only threatened the defacto complainant. https://hcservices.ecourts.gov.in/hcservices/
4. Heard the learned Government Advocate (Criminal Side) appearing for the respondent.
5. Considering the facts and circumstances of the case, 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, Rameswaram and on each of them 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., until further orders. The petitioners shall comply with the conditions 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.
sd/- 24/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE,RAMESWARAM.
2.THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM.
3.THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, RAMESWARAM, RAMANATHAPURAM DISTRICT.
+1. CC to M/S.R.JOHN SATHYAN Advocate SR.No.41465
ORDER
IN CRL OP(MD) No.13151 of 2015 Date :24/07/2015 RG.29.07.2015 2P.6C.
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