Immanuel v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.12891 of 2016 IMMANUEL ... PETITIONER/ACCUSED NO.1 Vs STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TIRUNELVELI RURAL, TIRUNELVELI , TIRUNELVELI DISTRICT.
CRIME NO.16 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.T.THIRUAVIAM Advocate For Respondent : MR.P.KANNITHEVAN, 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 Accused No.1, apprehends arrest at the hands of the respondent police for the offences punishable under Section 506(i) IPC and Section 4 of POSCO Act, in Crime No.16 of 2016, on the file of the respondent police and hence, seeks anticipatory bail.
2.The case of the prosecution is that the defacto complainant's daughter eloped with the petitioner and they got married. When the defacto complainant questioned the same, the petitioner along with other accused criminally intimidated him. On complaint, case has been registered for the above said offences.
3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.
4.The learned Government Advocate (Criminal side) appearing for the respondent has produced the 164 Statement and submitted that in the 164 Statement, the victim girl has stated that on her own volition, she went away from the house and married the petitioner and no one kidnapped her.
5.Considering the facts and circumstances of the case and also considering the contention of the learned Government (Criminal Side), this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner ordered to be released on bail in the event of arrest or on his https://hcservices.ecourts.gov.in/hcservices/
appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.V, Tirunelveli, 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 10.30 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/- 10/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TIRUNELVELI RURAL, TIRUNELVELI ,TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.P.T.THIRUAVIAM Advocate SR.No.43452
ORDER
IN CRL OP(MD) No.12891 of 2016 Date :10/08/2016 PS CSL/NGM-MP/SAR-III/12.08.2016: 2P/6C https://hcservices.ecourts.gov.in/hcservices/