Sarpudeen v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD)Nos.1772 & 1735 of 2015 SARPUDEEN ..PETITIONER/ACCUSED No.3 in Crl.OP(MD)no.1772/2015 FROSHKHAN KAILASAM ..PETITIONERS 1 & 2/ACCUSED 4 & 5 in Crl.OP(MD)no.1735/2015 Vs.

STATE REP.BY THE INSPECTOR OF POLICE AVUDAIYARKOIL POLICE STATION, PUDUKKOTTAI DISTRICT.

CR. NO.2 & 2/2015 RESPECTIVELY.

..RESPONDENT/COMPLAINANT in Both the Petitions For Petitioner : M/S.D.RAMESHKUMAR Advocate in Both the Petitions For Respondent : Mr.A.P.BALASUBRAMANI, Government Advocate (Crl.Side) in Both the Petitions PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.2 of 2015, on the file of the respondent police for offences under Sections 366A of the Indian Penal Code, the petitioner, in Crl.O.P.(MD) No.1735 of 2015, is now before this Court seeking Anticipatory Bail. 2.The petitioner/A3 in Crl.O.P.(MD) No.1772 of 2015, who was arrested and remanded to judicial custody by the respondent police on 05.01.2015 for offences under Sections 366A of the Indian Penal Code, seeks bail. 3.It is the case of the prosecution that the de-facto complainant's daughter, who is aged about 14, was kidnapped by these petitioners on 02.01.2015 in TATA ACE vehicle and her mouth was gagged. She was taken to various places by these petitioners and ultimately she was rescued by the police.

4.The learned counsel for the petitioners submit that the victim girl and A1 in this case were in love and that the victim girl has been secured and A1 has been arrested.

5.On a reading of the statement given by the victim girl, she has clearly stated that she was abducted by these accused by stuffing a cloth into her mouth and gagging her. She was also rendered unconscious and was taken to various places. Ultimately she was taken to the house of one Lakshmanan, who advised the first accused to send back the victim girl to her parents. Instead of leaving her with the parents, they had taken her to forest area from where, the police had secured the victim girl. Since the allegations against these petitioners are very serious, I am not inclined to grant bail and anticipatory bail to these petitioners. Accordingly, these petitions are dismissed. sd/- 03/02/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 2 THE INSPECTOR OF POLICE, AVUDAIYARKOIL POLICE STATION, PUDUKKOTTAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. ORDER IN CRL OP(MD)Nos.1772 & 1735 of of 2015 Date :03/02/2015 PBK 06/02/2015 ::2P-4C:

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