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Madras High CourtCRL OP(MD)/16983/2015ordered

O. Raja v. The Sub Inspector Of Police

2015-09-02Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Second day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16983 of 2015 1 O. RAJA ... PETITIONER/ACCUSED NO.1 2 MAHENDRAN ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE KADUPATTI POLICE STATION, MADURAI DISTRICT.

IN CR.NO. 129 OF 2015... RESPONDENT / COMPLAINANT For Petitioner : M/S R.SURESHKUMAR Advocate For Respondent : M/S. S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A1, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 447, 294(b), 366 and 307 of I.P.C., and in Crime No.129 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the daughter of the first petitioner had eloped with the de-facto complainant and also both of them married, which was not liked by the accused and therefore, on 24.08.2015, the accused trespassed into the house of the de-facto complainant and forcibly taken their daughter in a car. 3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) would submit that the victim girl is in the custody of her natural guardian. She further submitted that the injured had been discharged from the hospital.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned District Munsif cum Judicial Magistrate, Vadipatti and on each of them 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 petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioners 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/- 02/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VADIPATTI. 2.THE CHIEF JUDICIAL MAGISTRATE MADURAI 3.THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE SUB INSPECTOR OF POLICE KADUPATTI POLICE STATION,MADURAI DISTRICT.

+1. CC to M/S R.SURESHKUMAR Advocate SR.No.51241

ORDER

IN CRL OP(MD) No.16983 of 2015 Date :02/09/2015 RG.04/09/2015/GSV/PM/SAR-I 2P/6C.

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