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Madras High CourtCRL OP(MD)/20367/2014ordered

Matcharaja v. The Inspector Of Police

2015-07-01Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the First day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.20367 of 2014 1 MATCHARAJA 2 CHINNAPONNU 3 VELLAIKALAI 4 ANDI 5 RAVIRAJA ... PETITIONER(S) / ACCUSED 2 to 6 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, NILAKKOTTAI, DINDIGUL DISTRICT. CR. NO.19/2014. RESPONDENT / COMPLAINANT For Petitioner : M/S.T.INDRACHITHU Advocate For Respondent : M/S.K.V.RAJARAJAN 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 A2 to A6 in Crime No.

19 of 2014 on the file of the respondent police apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 417, 376 I.P.C and Sections 3 and 4 of Protection of Children from Sexual Offences Act, 2012 and hence, seek anticipatory bail. 2.According to the defacto complainant, the first accused had physical relationship with her promising to marry and thereby she became pregnant and thereafter he refused to marry her. It is further submitted that the other accused 2 to 4 facilitated the commission of offence.

3. The learned counsel for the petitioners submitted that the first accused was already arrested and released on bail and at the intervention of well wishers, the first accused had married the alleged victim on 19.06.2015 and they are living together. The learned counsel further submitted that the petitioners are innocents and they have been falsely implicated in this case.

4.The learned Government Advocate(Crl.side) submitted that first accused married the defacto complainant and they are living together and the petitioners are relatives and in-laws of the defacto complainant. https://hcservices.ecourts.gov.in/hcservices/

5. 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, Nilakkottai, and on each of them executing a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum to the satisfaction to 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.

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/- 01/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NILAKKOTTAI.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, NILAKKOTTAI, DINDIGUL DISTRICT. +1. CC to M/S.T.INDRACHITHU Advocate SR.No. 35108. TS/02.07.2015/2P -6C

ORDER

IN CRL OP(MD) No.20367 of 2014 Date :01/07/2015 https://hcservices.ecourts.gov.in/hcservices/