Madras High CourtCRL OP(MD)/1261/2022granted

Kumaresan v. The Inspector Of Police

2022-02-03Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.1261 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.1261 of 2022

1. Kumaresan

2. Jayachandran

3. Nagendran

4. Jayapandi

5. Balakrishnan @ Bala

6. Azhagumani

7. Sankar ... Petitioners/Accused Vs The State rep.by The Inspector of Police, Jayamangalam Police Station, Theni District.

(Crime No. 308 of 2021).

... Respondent/Complainant For Petitioners : M/s.RANJITH.N., Advocate.

For Respondent : Mr.S.MANIKANDAN, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 308 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 341, 294(b), 323, 363 and 506(i) of IPC, in Crime No.308 of 2021 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners along with the other accused kidnapped the defacto complainant's wife. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. The petitioners have not committed any offence as alleged by the prosecution. He would further submit that the petitioners and the victim are close relative. 4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that submitted that the defacto complainant and one Dinothaprithi were in love with each other for about four months. Since, it was not accepted by their family members, on 24.12.2021 the defacto complainant had induced the victim girl and https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1261 of 2022 on the promise of marriage, had taken her to Theni and married her to lead the matrimonial life. During such time, the petitioners kidnapped the defacto complainant's wife.

5.Considering the facts and circumstances of this case,the nature of allegation levelled against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions./;

6.Accordingly, the petitioners is ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate Court, Periyakulam, and on their executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only)each, with two sureties, each for a like sum to the satisfaction of the learned Magistrate concerned; and the petitioners shall appear before the respondent police on every Saturday at 10.30 am 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 fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 03/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE, PERIYAKULAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE INSPECTOR OF POLICE, JAYAMANGALAM POLICE STATION, THENI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.1261 of 2022 Date :03/02/2022 SA/JM/SAR.3/16.02.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2