Prakash, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13837 of 2015 PRAKASH ... PETITIONER(S) / SOLE ACCUSED Vs STATE REP BY:: THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PALANI TALUK, DINDIGUL DISTRICT. CRIME NO.20 OF 2015 ... RESPONDENT(S) / COMPLAINANT For Petitioner : M/S.K.MU.MUTHU 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 petitioner, who is arrayed as sole accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under section 366(A) of IPC, in Crime No.20 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.According to the de-facto complainant, the accused kidnapped his daughter on 03.06.2015.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The learned counsel further submitted that the petitioner and the de-facto complainant are close relatives and the alleged victim fell in love with the petitioner, which was not liked by the de-facto complainant. It is further submitted that the de-facto complainant has filed HCP No.941 of 2015 and the alleged detenue was produced before this court and she has categorically stated that she was not kidnapped by the accused and on her own volition, she gone to the relatives house at Pollachi. 4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the victim is aged about 17 years and she was secured and now, she is in the custody of the de-facto complainant.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the above 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, Palani 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 for a period of two weeks and thereafter as and when required for interrogation. 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/- 22/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE PALANI 2 THE CHIEF JUDICIAL MAGISTRATE DINDIGUL 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PALANI TALUK, DINDIGUL DISTRICT.

+1. CC to M/S.K.MU.MUTHU Advocate SR.No.40754 DM 24 7 15 - 2P 6C

ORDER

IN CRL OP(MD) No.13837 of 2015 Date :22/07/2015 https://hcservices.ecourts.gov.in/hcservices/