V.Periyakarupan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2139 of 2015 V.PERIYAKARUPAN ... PETITIONER/ACCUSED NO.3 Vs THE STATE REP BY THE SUB INSPECTOR OF POLICE TOWN WEST POLICE STATION, DINDIGUL DISTRICT.

CRIME NO.429/2014 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S. B. VINOTH BALAN Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 417, 498, 366 and 379(NP) IPC, in Crime No.429 of 2014 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the daughter of the de facto complainant, by name, Jeeva was given in marriage to one Muthuraja. Even before the said marriage, she was in love with one Irulandi. After marriage, Jeeva, who is aged about 20 years, eloped with the said Irulandi, who is aged about 24 years, on 28.11.2014. On the complaint lodged by the father of Jeeva, the present case in Crime No.429 of 2014 has been registered. The police arrested one Poonkodi, the mother of Irulandi and this Court in Crl.OP[MD]. No.1441 of 2015 granted bail to her. The police are taking steps to trace them. This petitioner is the father of the said Irulandi and there is no serious allegation against him.

3.Taking into consideration of the above, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial https://hcservices.ecourts.gov.in/hcservices/

Magistrate, No.I, Dindigul, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police every day at 10:30 AM for a period of four weeks and thereafter as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. The Inspector of Police concerned is directed to send compliance report to the office of the learned Additional Public Prosecutor whether the petitioner is complying with the order or not.

sd/- 09/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO. I DINDIGUL 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE SUB INSPECTOR OF POLICE TOWN WEST POLICE STATION, DINDIGUL DISTRICT.

+1. CC to M/S. B. VINOTH BALAN Advocate SR.No.5755 RL/6C - 11/2/2015

ORDER

IN CRL OP(MD) No.2139 of 2015 Date :09/02/2015 https://hcservices.ecourts.gov.in/hcservices/