Palanivel v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.20433 of 2015 1 PALANIVEL 2 NATARAJ 3 KALANITHI 4 SURESH ..PETITIONERS/ACCUSED 1 to 4 Vs.

STATE REP.BY THE INSEPECTOR OF POLICE AMBILIGAI POLICE STATION, DINDIGUL DISTRICT.

CRIME NO.160 OF 2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S D.VENKATESH Advocate For Respondent : M/s.S.PRABHA, Government 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 A4 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 363 @ 366-A of IPC in Crime No.160 of 2015 and hence, seek anticipatory bail.

2.The case of the prosecution is that the daughter of the defacto complainant was kidnapped by the first accused with the help of accused 2 to 4 for the purpose of marrying her.

3.The learned counsel for the Petitioners submitted that as per the Transfer Certificate of the alleged victim, she born on 4.5.1997 and therefore she attained majority on 5.5.2015. It is further submitted that the first accused and the alleged victim have fallen in love with each other and on her own volition, she joined with the first accused and the marriage was also performed on 2.9.2015 at Kallumalai Kanthan Koil in Madurai District. It is further submitted that the alleged victim gave a statement before the learned Judicial Magistrate, Oddanchatram stating that she is a major and she wanted to live with the first accused and she gave another petition to the Inspector of Police, Cholavandhan Police Station seeking protection.

4.The learned Government Advocate(Crl.Side) submitted that this is a case of love affair and the victim was secured by the respondent Police and she is now living with her parents.

5.Considering the facts and circumstances of the case stated above 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,Oddanchatram and on executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like https://hcservices.ecourts.gov.in/hcservices/

sum to the satisfaction to the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 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/- 29/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, ODDANCHATGRAM, DINDIGUL DISTRICT. 2 -do-thro' THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSEPECTOR OF POLICE, AMBILIGAI POLICE STATION,DINDIGUL DISTRICT. +1. CC to M/S D.VENKATESH Advocate SR.No.63907 ORDER IN CRL OP(MD) No.20433 of 2015 Date :29/10/2015 PBK/SK-SKN/SAR-I 30/10/2015 ::2P-6C::

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