M. Maheshkumar @ Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of March Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.4042 of 2015 1 M. MAHESHKUMAR @ KUMAR 2 S. RAMASAMY @ BALAN ... PETITIONERS/ACCUSED NO.2 & 3 Vs THE INSPECTOR OF POLICE ARAVAKURICHI POLICE STATION, KARUR DISTRICT.

CRIME NO.64/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M. MAHARAJA Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.64 of 2015, on the file of the respondent police for offences under Sections 341, 294(b), 323, 366 IPC, the petitioners are now before this Court seeking Anticipatory Bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate for the respondent.

3.This is the 2nd anticipatory bail application and the first anticipatory bail application was dismissed by an order dated 13.02.2015 in Crl.O.P.(MD) No.2500 of 2015.

4.Today, the learned Government Advocate (Crl. Side) has produced 164 Cr.P.C. of Geetha/victim that was recorded by the learned Judicial Magistrate, No.I, Karur. On a reading of the 164 Cr.P.C. statement, it reveals that the victim has stated that she was forcibly abducted by these petitioners in a Maruti Omni Van and they have stuffed a cloth into her mouth and had put on the audio player in the van loudly. They had taken her to a house and confined her for two days. It is seen that Geetha has also suffered injuries, as could be seen from the Accident Register produced by the police from the Case Diary. 5.The learned counsel for the petitioners submits that Balakrishnan, in this case has been arrested and released on bail. But that cannot be a reason to grant anticipatory bail in a crime of this nature against women. Hence, this petition is dismissed.

sd/- 05/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

https://hcservices.ecourts.gov.in/hcservices/

TO

1. THE INSPECTOR OF POLICE ARAVAKURICHI POLICE STATION, KARUR DISTRICT.

2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

SR : 10.03.2015 : 2P/3C

ORDER

IN CRL OP(MD) No.4042 of 2015 Date :05/03/2015 https://hcservices.ecourts.gov.in/hcservices/