Barathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourteenth day of August Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.15731 of 2015 BARATHAN ... PETITIONER / SOLE ACCUSED Vs THE INSPECTOR OF POLICE KADAMBUR POLICE STATION, TUTICORIN DISTRICT.

CRIME NO. 99 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.M.VISHNUVARTHANAN Advocate For Respondent : MS.S.PRABHA 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 the sole accused, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 366(A) of I.P.C., and Section 4 of Protection of Children from Sexual Offences in Crime No.99 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. According to the de-facto complainant viz., R.Maheswari, that on 27.07.2015 at 7.00 p.m., the accused kidnapped her daughter in Ramani Volkswagon Car.

3. The learned counsel for the petitioner submitted that the petitioner and the daughter of the de-facto complainant fell in love with each other, which was not liked by the de-facto complainant and therefore, a false complaint was given against him.

4. The learned Government Advocate (Crl.Side) submitted that the victim is secured and she is with her parents and it is further submitted that the petitioner is having one previous case.

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 his arrest or on his appearance before the learned Judicial Magistrate No.II, Kovilpatti 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 reside at Tuticorin and report before the Sipcot Police Station daily at 6.00 p.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/- 14/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NO II, KOVILPATTI 2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN 3 THE INSPECTOR OF POLICE,KADAMBUR POLICE STATION, TUTICORIN DISTRICT.

4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 5 THE INSPECTOR OF POLICE, THE SIPCOT POLICE STATION, TUTICORIN +1. CC to M/S.P.M.VISHNUVARTHANAN Advocate SR.No.46535 ORDER IN CRL OP(MD) No.15731 of 2015 Date :14/08/2015 JAM/LIB/17/8/15/2P-7C https://hcservices.ecourts.gov.in/hcservices/