Mugugan @ Sangilimurugan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13026 of 2017 1 MUGUGAN @ SANGILIMURUGAN 2 MADHAN 3 CHINNAN 4 PANDIYAMMAL ...PETITIONERS/ACCUSED No.1 to 4 Vs STATE REP. BY THE INSPECTOR OF POLICE USILAMPATTI TALUK POLICE STATION, MADURAI DISTRICT.
(CRIME NO. 306 OF 2017) ... RESPONDENT/COMPLAINANT For Petitioner : Mr.T.VADIVELAN Advocate For Respondent : Mr.K.ANBARASAN, Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 366(A) and 109 IPC., and 11(4) and 12 of Protection of Child from Sexual Offence Act 2012 in Crime No.306 of 2017, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the victim girl's father gave a complaint against the petitioners. The petitioners are none other than the relatives of the defacto complainant. Admittedly, the defacto complainant's daughter and the first petitioner herein fall in love with each other. The defacto complainant's daughter went along with the first petitioner and stayed with him somewhere else. Immediately, after registration of F.I.R.,the victim girl was secured and sent to a home as she is a minor girl.
3. The learned counsel appearing for the petitioners would submit that admittedly, the defacto complainant's daughter and the first petitioner loved each other. Though the first petitioner's family members interested to marry the girl to the first petitioner, they are not able to solemnize the marriage since the girl was
minor. However, the petitioners' family members confirmed their marriage, immediately after the girl became major.
4. The learned Government Advocate (Crl.side) appearing for the respondent, on instructions, would submit that the defacto complainant's daughter is willing to marry the first petitioner and the same was confirmed by one Mrs.Yamuna Devi, Sub Inspector of Police and submitted her report before this Court today.
5. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Mahila Court, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the petitioners shall report before the respondent police as and when required for interrogation;
(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial.
(iii) the petitioners shall not commit any offence while on bail;
(iv) 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 and the bail granted stands cancelled automatically.
sd/- 06/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDGE, MAHILA COURT MADURAI 2 THE INSPECTOR OF POLICE USILAMPATTI TALUK POLICE STATION, MADURAI DISTRICT.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.T.VADIVELAN Advocate SR.No.32323
ORDER
IN CRL OP(MD) No.13026 of 2017 Date :06/10/2017 msa/gns SH/RR-BS/SAR-1:12.10.2017: 3p/5c