Chinnammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.3642 of 2018 1 CHINNAMMAL 2 ALAGAN ... PETITIONERS / ACCUSED NO.1& 2 Vs STATE THROUGH INSPECTOR OF POLICE KOTTAMPATTI POLICE STATION, MADURAI DISTRICT, IN CR.NO. 619/2017 ... RESPONDENT/ COMPLAINANT For Petitioners : M/S.S.JOTHIMANI Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners / A1 & A2, who were arrested and remanded to judicial custody on 21.01.2018 for offences punishable under Sections 323, 341, 366(A) and 506(i) I.P.C., in Crime No.619 of 2017, seek bail.

2.The case of the prosecution is that the petitioners have jointly abducted the victim, who is a minor girl. Hence, a case has been registered for the above said offences.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons, they have been falsely implicated, further added that they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are in judicial custody from 21.01.2018 onwards. Hence, he prays for bail.

4.The learned Government Advocate(Criminal Side) appearing for the State submitted that till now the victim girl has not been secured by the respondent police. According to him, investigation is still pending.

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5.The submissions made by the learned counsel appearing on either side are considered. The petitioners are in judicial custody from 21.01.2018 onwards for the above said offences. According to prosecution, as of now, the victim girl, who is the crucial witness in this case has not been secured. The petitioners herein are the parents of the prime accused. So, considering the facts and circumstances of the case, if this type of petitioners were released on bail, they may tamper the witness and hamper the investigation. Accordingly, the Criminal Original Petition is dismissed. sd/- 08/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE KOTTAMPATTI POLICE STATION, MADURAI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. GJM/CSL/RR/SAR-I-20.3.18-2P-4C

ORDER

IN CRL OP(MD) No.3642 of 2018 Date :08/03/2018 https://hcservices.ecourts.gov.in/hcservices/