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Madras High CourtCRL OP(MD)/18374/2015ordered

Kumar v. The Insepector Of Police

2015-12-11Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eleventh day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.18374 of 2015 1 KUMAR 2 THANGARAJ ... PETITIONERS / ACCUSED No.1 and 2 Vs State rep.by THE INSEPECTOR OF POLICE KOODALPUDUR POLICE STATION, MADURAI, CR. NO.493 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S B.JAMEEL ARASU Advocate For Respondent : Mr.K.Anbarasan, 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 accused 1 and 2 , in Crime No.493 of 2015 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 366A IPC and hence, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant's sister's daughter by name Divya was kidnapped by the petitioners and on the complaint given by the defacto complainant, the case has been registered for the aforesaid offences. The sister of the defacto complainant has filed H.C.P before this Court and at the time of hearing of H.C.P., the said Divya was sent to her parents house and again the petitioner came to the house of the defacto complainant and threatened the defacto complainant and kidnapped the victim girl forcibly and on the complaint the case has been registered.

3.The case of the petitioners is that the petitioners have not committed any offence as alleged by the prosecution.

4. The learned Government Advocate(Crl. Side) on instructions submitted that the victim girl is secured.

5.Considering the facts and circumstances of the case and also considering the fact that victim girl is secured, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.IV, Madurai, 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 https://hcservices.ecourts.gov.in/hcservices/

police daily at 10.00 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6.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/- 11/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSEPECTOR OF POLICE KOODALPUDUR POLICE STATION, MADURAI 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S B.JAMEEL ARASU Advocate SR.No.71500 sm:AMF:SAR II:15.12.2015:2P/6C

ORDER

IN CRL OP(MD) No.18374 of 2015 Date :11/12/2015 https://hcservices.ecourts.gov.in/hcservices/