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Madras High CourtCRL OP(MD)/7467/2015ordered

P.Vinoth Raja v. The 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.7467 of 2015 1 P.VINOTH RAJA 2 P.KANNAN ... PETITIONER(S) / ACCUSED 2 & 5 Vs THE STATE REP. BY THE INSPECTOR OF POLICE NATHAM POLICE STATION, DINDIGUL DISTRICT.

(CR.NO.158 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.SIVAKUMAR Advocate For Respondent : M/S.K.V.Rajarajan Government 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-2 & A-5 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 366(A) of I.P.C in Crime No.158 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that one Murugesan lodged a complaint alleging that his daughter was kidnapped by the accused on 08.04.2015.

3. The learned counsel for the petitioner submitted that the daughter of the defacto complainant and the first accused had fallen in love with each other and even according to the complaint, the defacto complainant has warned the first accused not to continue with the love affair with his daughter. He further submitted that the petitioners are now working as Drivers in Namakkal and they are the friends of the first accused and they have been falsely implicated in this case.

4.The learned Government Advocate(Crl. Side) on instructions submitted that this is a case of love affair with the daughter of the defacto complainant and she eloped with the first accused. 5.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, Natham, Dindigul District, and on each of them https://hcservices.ecourts.gov.in/hcservices/

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 first petitioners shall appear before the respondent police daily at 10.00 a.m., for a period of one weak and there after as and when required. 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.) TO

1. THE JUDICIAL MAGISTRATE, NATHAM.

2. Do - Through THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

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

4 THE INSPECTOR OF POLICE NATHAM POLICE STATION, DINDIGUL DIST.

+1. CC to M/S.S.SIVAKUMAR Advocate SR.No. 20908. TS/23.04.2015/2P-6C

ORDER

IN CRL OP(MD) No.7467 of 2015 Date :21/04/2015 https://hcservices.ecourts.gov.in/hcservices/