Sithick v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2486 of 2015 SITHICK ... PETITIONER(S) / ACCUSED No.6 Vs THE STATE REP. BY THE INSPECTOR OF POLICE AVUDAIYARKOVIL POLICE STATION, PUDUKKOTTAI DISTRICT, CRIME NO.2/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M. RAMU Advocate For Respondent : M/S.S.PRABHA 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 an alleged offence punishable under Section 366(A) IPC in Crime No.2 of 2015 on the file of the respondent police, seeks anticipatory bail.

2. It is the case of the prosecution that the first accused was love with the victim girl. The police have arrested the first accused and secured the victim girl and handed over her to her parents. The co-accused the second and third accused were arrested by the police. The allegation against this petitioner is that he is working as Vice President and had helped the couple to elope.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the State.

4. Taking into consideration the fact that the victim girl was secured, 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 Magistrate, Aranthangi, 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 daily at 10:30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

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[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 a compliance report to the office of the learned Government Advocate (Crl.side) as to whether the petitioners are complying with the order or not.

sd/- 12/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, ARANTHANGI 2 Do Through THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE AVUDAIYARKOVIL POLICE STATION, PUDUKKOTTAI DISTRICT. +1. CC to M/S.M. RAMU Advocate SR.No. 6513. TS/16.02.2015/2P-6C

ORDER

IN CRL OP(MD) No.2486 of 2015 Date :12/02/2015 https://hcservices.ecourts.gov.in/hcservices/