G. Prabu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15739 of 2017 G. PRABU ... PETITIONER / SOLE ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE CHENKIPETTAI POLICE STATION, CHENKIPATTI,THANJAVUR DISTRICT CR NO NOT KNOWN OF 2017. ... RESPONDENT / COMPLAINANT For Petitioner : Mr.T.INDRACHITHU Advocate For Respondent : Mr.K.ANBARASAN, 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 Sole Accused, apprehends arrest at the hands of the respondent police for an offence punishable under Section 365 of I.P.C., in Crime No.242 of 2017, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 06.11.2017, the defacto complainant's wife was kidnapped by the petitioner and thereby, he lodged a complainant before the respondent police on 13.11.2017.
3.The learned counsel for the petitioner submitted that the petitioner is an innocent and he did not commit any offence as alleged by the prosecution.
4.The learned Government Advocate (Criminal side) appearing for the State submitted that the defacto complainant appeared before the respondent police stating that he is not interested to pursue the complaint.
5.Considering the facts and circumstances of the case and also recording the statement given by the defacto complaint before the respondent police, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the 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 No.III, Thanjavur, Thanjavur District, on condition that the https://hcservices.ecourts.gov.in/hcservices/
petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with two sureties 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 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation;
(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial; (iii) the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer; (iv) the petitioner shall not abscond either during investigation or trial;
(v) the petitioner shall not commit any offence while on bail;
(vi) 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 and the anticipatory bail granted stands cancelled automatically.
sd/- 28/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.III THANJAVUR, THANJAVUR DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT 3 THE INSPECTOR OF POLICE CHENKIPETTAI POLICE STATION, CHENKIPATTI, THANJAVUR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI JAM/06.12.17/PM-PN/ SAR 2/ 2P-5C ORDER IN CRL OP(MD) No.15739 of 2017 Date :28/11/2017 https://hcservices.ecourts.gov.in/hcservices/