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Madras High CourtCRL OP(MD)/7453/2015ordered

Thirunavukarasu v. The Sub Inspector Of Police

2015-04-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7453 of 2015 1 THIRUNAVUKARASU 2 SUBRAMANIYAN 3 SELVI ... PETITIONERS/ACCUSED 1 TO 3 Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE KEEZHAVALAVU POLICE STATION, MELUR TALUK, MADURAI DISTRICT, (CRIME NO.172 OF 2015).

... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.MURUGAN Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A-1 to A-3 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 363 & 109 of I.P.C in Crime No.172 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that from 01.04.2015, the daughter of the defacto complainant namely Dhanalakshmi was missing and for which, complaint was registered on 13.04.2015.

3. The learned counsel for the petitioners submitted that the said Dhanalakshmi was already married and her husband is working in abroad. She had developed intimacy with the first accused and she eloped with him. Thereafter, the second accused, who is the brother of the first accused has filed H.C.P.No.271 of 2015 and the defacto complainant has also filed H.C.P.No.273 of 2015 and the respondent police has produced the first accused and the alleged victim before this Court and she had gone with the first accused. It is further submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

5. The learned Government Advocate(Crl. Side) on instructions would submit that the alleged victim was already produced before this Court and she is now residing with the first accused.

6.Considering the facts and circumstances of the case, this Court is 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 before the learned Judicial Magistrate, Melur, and on each of them executing a bond for a https://hcservices.ecourts.gov.in/hcservices/

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 first petitioner shall appear before the respondent police daily at 10.00 a.m., until further orders and the petitioners 2 & 3 shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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 stands dismissed.

sd/- 21/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISRATE,MELUR.

2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE SUB INSPECTOR OF POLICE KEEZHAVALAVU POLICE STATION, MELUR TALUK, MADURAI DISTRICT.

+1. CC to M/S.R.MURUGAN Advocate SR.No.20690

ORDER

IN CRL OP(MD) No.7453 of 2015 Date :21/04/2015 rg.23.04.2015 2p/6c.

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