Gowtham v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11810 of 2016 GOWTHAM ..PETITIONER/ACCUSED No.1 Vs.

STATE REP.BY THE SUB INSPECTOR OF POLICE GUDALUR POLICE STATION, GUDALUR, THENI DISTRICT.

CR NO. 233 OF 2015.

..RESPONDENT/COMPLAINANT For Petitioner : M/S S.SUNDARA PANDIAN Advocate For Respondent : Mr.P.KANNITHEVAN, Government 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 Accused No.1, apprehends arrest at the hands of the respondent police for the offence punishable under Section 366(A) IPC, in Crime No.233 of 2015, on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with other accused persons kidnapped the minor daughter of the de facto complainant. On complaint case has been registered for the above said offences.

3.The case of the petitioner is that he is an innocent and he has not committed any offence as alleged by the prosecution. Both the petitioner and daughter of the de facto complainant fell in love and subsequently they got married. The parents of the de facto complainant refused to accept the same and therefore a false complaint has been given. Now the victim girl has attained majority and appeared before this Court. Already the father of the petitioner was arrested and enlarged on bail. 4.The learned Government Advocate (Criminal side) submitted that the petitioner kidnapped minor girl and victim was not secured during investigation. After attaining majority, the petitioner produced the victim before this Court today. Investigation is pending.

5.Considering the facts and circumstances of the case and also considering the fact that victim girl appeared before this Court along with the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the https://hcservices.ecourts.gov.in/hcservices/

event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Uthamapalayam, Theni District, on condition that the petitioner shall execute 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 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 petitioner shall report before the respondent Police daily at 10.00 a.m. until further orders. (ii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioner shall not abscond either during investigation or trial.

(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 as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the conditions or not.

sd/- 22/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, UTHAMPALAYAM, THENI DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,THENI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE SUB INSPECTOR OF POLICE, GUDALUR POLICE STATION, GUDALUR, THENI DISTRICT.

+1. CC to M/S S.SUNDARA PANDIAN Advocate SR.No.38746 ORDER IN CRL OP(MD) No.11810 of 2016 Date :22/07/2016 PBK/NGM-MP/SAR-I 26/07/2016 ::2P-6C::

https://hcservices.ecourts.gov.in/hcservices/