Kuppakkal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5268 of 2018 1 KUPPAKKAL 2 VALARMATHI @ CHANDRA ... PETITIONERS/ACCUSED 5 & 6 Vs THE STATE REP.BY THE INSPECTOR OF POLICE VELLIYANAI POLICE STATION, KARUR DISTRICT, CRIME NO.64 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.GOKUL RAJ Advocate For Respondent : MR.PRABHU RAMACHANDRAN, Govt. Advocate ( Crl. Side) For Intervenor : M/S.ARUL SWAMINATHAN, Advocate PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are arrayed as Accused Nos.5 and 6. They were arrested on 04.03.2018 by the respondent police and remanded to judicial custody. The case against them is for the offence punishable under Section 366 IPC, in Crime No.64 of 2018, on the file of the respondent police. They seek bail. 2.Heard the learned counsel appearing for the petitioners, the learned counsel appearing for the Intervenor/de-facto complainant and the learned Government Advocate (Criminal side) appearing for the State.

3.The son of the first petitioner is A1 in this case. The allegation is that the de-facto complainant's daughter was kidnapped by the accused. The first petitioner is the mother of the first accused, while the second petitioner is the sister of the first accused. They are in judicial custody since 04.03.2018. 4.Considering the nature of allegations levelled against the petitioners and also considering the fact that they are in judicial custody for more than 30 days, this Court is inclined to enlarge them on bail with certain conditions. Accordingly, the petitioners https://hcservices.ecourts.gov.in/hcservices/

are ordered to be released on bail, subject to the following conditions:

(i) Each of the petitioners 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 learned Judicial Magistrate No.II, Karur.

(ii) The petitioners shall appear before the respondent police as and when required for interrogation.

(iii) The petitioners shall not abscond.

(iv) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

sd/- 05/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II,KARUR.

2 THE CHIEF JUDICIAL MAGISTRATE, KARUR.

3 THE INSPECTOR OF POLICE VELLIYANAI POLICE STATION, KARUR DISTRICT.

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

5 THE SUPERINDENTENT, CENTRAL PRISON FOR WOMEN, MARAKKADAI, TRICHY DISTRICT. +1. CC to M/S.S. GOKUL RAJ Advocate SR.No.5449 CSL/CM-VR/SAR-I/05.04.2018 :2P/7C

ORDER

IN CRL OP(MD) No.5268 of 2018 Date :05/04/2018 https://hcservices.ecourts.gov.in/hcservices/