Sudagar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.18826 of 2015 1 SUDAGAR 2 MALAIKOLUNTHU 3 MOOKAMMAL ... PETITIONERS / ACCUSED (RANK NOT KNOWN) Vs THE STATE REP.BY THE INSPECTOR OF POLICE SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT, CR. NO NOT KNOWN OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S A.V.ARUN 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 petitioners, who are arrayed as A1 to A3 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 366 I.P.C and hence, seek anticipatory bail. 2.

The case of the prosecution is that the daughter of the defacto complainant namely Vinotha, aged 23 years, studying in Teacher Training College second year and the first accused wanted to marry the said Vinotha, but it was refused by the defacto complainant. So on 22.09.2015, the accused have kidnapped the daughter of the defacto complainant. 3.The learned counsel for the Petitioners submitted that the said Vinotha is aged about 24 years and there was a love affair between the first accused and the daughter of defacto complainant and she on her own volition joined with the first Petitioner on 22.9.2015 and the first accused married the daughter of the defacto complainant on 25.9.2015 and the same was registered in the office of the Sub-Registrar, Madurai 4.

The learned counsel further submitted that the alleged victim is present before this Court and also she files an affidavit narrating the above facts.

5.The learned Government Advocate(Crl.Side) would submit that the Investigating Officer who is present before this Court has identified the alleged victim.

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6. Considering the facts and circumstances of the case, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Melur and on executing a own bond for a sum of Rs.10,000/- (Rupees ten thousand only) for a like sum to the satisfaction to the learned Magistrate concerned and on further condition that the first petitioner 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/- 01/10/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE MELUR 2 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1. CC to M/S A.V.ARUN Advocate SR.No.58161.

ORDER

IN CRL OP(MD) No.18826 of 2015 Date :01/10/2015 AM/05.10.2015/KBM/SAR-I/2P/6C https://hcservices.ecourts.gov.in/hcservices/