Umarani v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14474 of 2017 1 UMARANI 2 SARAVANAN 3 KARTHICK 4 PAVITHRA ... PETITIONERS/ACCUSED 2 TO 5 Vs STATE, REP.BY INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TALLAKULAM, MADURAI CITY, (CR.NO.32/2017) ... RESPONDENT/ COMPLAINANT For Petitioners : M/S.S.MAHENDRAPATHY 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/A2 to A5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 5(1), 6 of POCSO Act and 506(i) of I.P.C, in Crime No.32 of 2017, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the victim girl Divya went to her anut's house, from there she eloped love with A1/Muneeswaran and the same was came to knowledge of the defacto complainant. Accordingly the defacto complainant questioned the same to the petitioner, thereafter mother of the victim girl/defacto complainant filed a complaint before the respondent police.
3. The learned counsel for the petitioner submitted that already A1 was arrested and released on bail. Subsequently, A1 married with the victim girl and happily start their matrimonial life. He would further submit that the petitioners are innocent persons they have not committed any offence as alleged by the prosecution.
4. The learned Government Advocate (Crl.side) appearing for the State submitted that it is not in dispute that the petitioners are mother, sister and brothers of the first petitioner.
5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side) that the petitioner/A1 was arrested and released on bail. I am inclined to grant anticipatory bail to the petitioners/A2 to A5. 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 Additional Mahila Court, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with two sureties each 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 ;
(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 petitioners in accordance with law and the anticipatory bail granted stands cancelled automatically.
sd/- 27/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
das/rmi TO 1 THE JUDGE, ADDITIONAL MAHILA COURT, MADURAI 2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TALLAKULAM, MADURAI CITY.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.S.MAHENDRAPATHY Advocate SR.No.33411 GJM/PM/PN/SAR-3-3P-5C
ORDER
IN CRL OP(MD) No.14474 of 2017 Date :27/10/2017