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Madras High CourtCRL OP(MD)/5401/2018granted

Sahaya Michael Raj, v. The Inspector Of Police,

2018-04-06Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5401 of 2018 1 SAHAYA MICHAEL RAJ, 2 MICHAEL JOHN XAVIER, 3 SELVA PACKIAM, ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs STATE THROUGH THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TIRUNELVELI JUNCTION POLICE STATION, TIRUNELVELI.

(CRIME NO.NOT KNOWN OF 2018) ... RESPONDENT/ COMPLAINANT For Petitioners : M/S.J.ASHOK Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU, Government Advocate ( Crl. Side) For Intervener : MR.D.SARAVANAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 417, 376 and 506(ii) IPC, in Crime No.Not known of 2018, seek anticipatory bail.

2.Heard the learned counsel appearing for the petitioners, the learned Government Advocate (Criminal side) appearing for the State and the learned counsel appearing for the de-facto complainant. 3.A reading of the FIR would show that the de-facto complainant had consensual sexual relationship with the first petitioner herein. The allegation of the de-facto complainant is that the first petitioner promised to marry her, but has now gone back on his words. Taking note of the consensual nature of relationship between the first petitioner and the de-facto complainant, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released https://hcservices.ecourts.gov.in/hcservices/

on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.IV, Tirunelveli, and on each of them executing 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 Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 4.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 shall stand dismissed.

sd/- 06/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SMN2 TO 1 THE JUDICIAL MAGISTRATE NO.IV, TIRUNELVELI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TIRUNELVELI JUNCTION POLICE STATION, TIRUNELVELI.

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

+1. CC to M/S.J.ASHOK Advocate SR.No.5580 GJM/RR/CSL/SAR-4-10.4.18-2P-6C

ORDER

IN CRL OP(MD) No.5401 of 2018 Date :06/04/2018 https://hcservices.ecourts.gov.in/hcservices/