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Madras High CourtCRL OP(MD)/17758/2015allowed

N. Arunpandian v. The Inspector Of Police

2015-09-14Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourteenth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17758 of 2015 N. ARUNPANDIAN ... PETITIONER/ACCUSED NO.1 Vs STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THALLAKULAM, MADURAI.

(IN CRIME NO. 32 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S S.PREMKUMAR Advocate For Respondent : MRS.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 arrayed as accused No.1, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 417, 376, 294(b) and 506(i) of I.P.C., in Crime No.32 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. According to the prosecution, the first accused by giving false promise, had sexual relationship with the defacto complainant and thereafter, refused to keep up his words.

3. The learned counsel for the petitioner submitted that this is a case of love affair and a false case was given against him. It is further submitted that after registration of the case, the first accused / the petitioner herein had married the de-facto complainant on 19.08.2015 and the de-facto complainant along with his father is present before this Court.

4. The learned Government Advocate (Crl.side) on instructions submitted that the first accused has married the de-facto complainant and they are living together as husband and wife. It is further submitted that the accused 2 to 4 were already granted anticipatory bail by the Sessions Court, Madurai. https://hcservices.ecourts.gov.in/hcservices/

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, Additional Mahila Court, Madurai and on his executing a own 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 appear before the respondent police as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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/- 14/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THALLAKULAM, MADURAI.

4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S S.PREMKUMAR Advocate SR.No.54395

ORDER

IN CRL OP(MD) No.17758 of 2015 Date :14/09/2015 AA/21.09.2015/2p-6c https://hcservices.ecourts.gov.in/hcservices/