Kavitha v. Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Seventh day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7765 of 2015 KAVITHA ... PETITIONER/ACCUSED NO.4 Vs STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MANAMADURAI, SIVAGANGAI DISTRICT.

(CR.NO. 12/2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.JACOB AND JACOB ASSOCIATES 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 petitioner who is arrayed as A4 apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 12 of Protection of Children from Sexual Offences Act, 2012 and 506(ii) of IPC in Crime No.12 of 2015, seeks anticipatory bail.

2.The case of the prosecution is that the Accused Nos.1, 6 and 7 waylaid the daughter of de facto complaint on 29.03.2015 and compelled her to marry the first accused and also subsequently threatened the daughter of de facto complainant with dire consequences.

3. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl. side) appearing for the respondent.

4. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. He further submitted that the co-accused has already arrested and released on bail, by order of this Court dated 24.04.2015, passed in Crl.O.P(MD).No.7861 of 2015.

5. Considering the facts and circumstances of the case and also considering the fact co-accused has already released on bail, I am inclined to grant grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial https://hcservices.ecourts.gov.in/hcservices/

Magistrate, Manamadurai and on 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 petitioner shall appear before the respondent police daily at 10.30 am until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioner 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/- 27/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MANAMADURAI 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MANAMADURAI, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.JACOB AND JACOB ASSOCIATES Advocate SR.No.22541

ORDER

IN CRL OP(MD) No.7765 of 2015 Date :27/04/2015 NA/28/04/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/