Gopalakrishnan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirteenth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.1393 of 2015 GOPALAKRISHNAN ..PETITIONER/ACCUSED No.3 Vs.

STATE REP.BY THE SUB INSPECTOR OF POLICE IDAIYAKOTTAI POLICE STATION, IDAIYAKOTTAI, DINDIGUL DISTRICT.

CR. NO.100/2014.

..RESPONDENT/COMPLAINANT For Petitioner : M/S.S.MANIKANDAN Advocate For Respondent : Mr.P.KANNIDEVAN, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 366(A) IPC, in Crime No.100 of 2014 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that one Selvakumar is the first accused in Crime No.100 of 2014 and he was in love with one Sathya, who is aged about 17 years and he had eloped with her on 22.11.2014. This petitioner is a friend of A-1. It is represented by the learned Government Advocate [Criminal Side] that the victim girl has been rescued and handed over to her parents.

3. In such circumstances, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Ottanchathram, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent police 06:30 p.m in the evening for a period of two weeks and thereafter as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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The Inspector of Police concerned is directed to send compliance report to the office of the learned Additional Public Prosecutor whether the petitioner is complying with the order or not. sd/- 13/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, OTTANCHATHIRAM, DINDIGUL DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL. 3 THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE SUB INSPECTOR OF POLICE, IDAIYAKOTTAI POLICE STATION, IDAIYAKOTTAI, DINDIGUL DISTRICT.

+1. CC to M/S.S.MANIKANDAN Advocate SR.No.6736 ORDER IN CRL OP(MD) No.1393 of 2015 Date :13/02/2015 PBK 13/02/2015 ::2P-7C:

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