Madras High CourtCRL OP(MD)/3906/2018dismissed

Uthayasoorian v. The Inspector Of Police

2018-03-13Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of March Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.3906 of 2018 1 UTHAYASOORIAN 2 RAMAYEE 3 SURESH KUMAR 4 VIJAYAKUMAR 5 VINODHINI ... PETITIONERS / ACCUSED No.1 to 5 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, AYAKUDI POLICE STATION, DINDIGUL DISTRICT, IN CRIME NO.36/2018. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.SUSI KUMAR Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A1 to A5, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 366(A) IPC., in Crime No.36 of 2018, seek anticipatory bail.

2. The case of the prosecution is that previous to the alleged occurrence, on 12.01.2018, the defacto complainant's daughter was found missing and he lodged a complaint. Thereby, the respondent police registered a case in Crime No.11 of 2018 for the offence 'girl missing'. Subsequently, the minor girl was secured and the case was closed. Now, again she was found missing, due to which the defacto complainant lodged the present complaint mentioning that the petitioners have kidnapped his minor daughter. Hence, the case has been registered for the above said crime.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons, they are no way connected with the offence, as alleged by the prosecution and prays for grant of anticipatory bail to the petitioners.

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4. The learned Government Advocate (Criminal Side) submitted that totally there are five accused involved in this case. He further added that the victim girl is not secured so far. According to the prosecution, the investigation is in progress.

5. The submissions made by the learned counsels appearing for either side are considered. It is alleged that during the time of occurrence, the petitioners herein kidnapped the victim girl for which a case has been registered for the offence under Section 366-A IPC. As per the representation made by the prosecution, as of now, the victim girl has not been secured. So, considering the stage of investigation, this Court came to the conclusion that if anticipatory bail is granted at this stage, it will prejudice the process of investigation. Hence, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.

sd/- 13/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE.

AYAKUDI POLICE STATION, DINDIGUL DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.3906 of 2018 Date :13/03/2018 SDS/PMI/SAR-4/12.04.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/