N. Kumar 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.12944 of 2016 N. KUMAR ... PETITIONERS / ACCUSED No.1 to 4 Vs THE STATE REP BY THE INSPECTOR OF POLICE USILAMPATTI TALUK POLICE STATION, MADURAI DISTRICT. ... RESPONDENT / COMPLAINANT For Petitioner : M/S J.PRAVEEN 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 apprehends arrest at the hands of the respondent police for an alleged offence punishable under Section 366(A) of IPC in Crime No.160 of 2016, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with other accused kidnapped the daughter of the defacto complainant. On complaint, a case has been registered against the petitioner.
3. The learned counsel for the petitioner submitted that the daugther of the defacto complainant left the home and went to her friend's home on her own will having anger over the decision of defacto complainant arranging marriage for her against her will. He further submitted that petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case.
4. The learned Government Advocate (Crl. Side) submitted that the victim girl has given a statement before the learned Judicial Magistrate No.II, Usilampatti that her father arranged the marriage with one person and she did not like and she wants to continue her studies and due to that she left the house.
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5. Considering the fact that the victim girl is secured and 164 statement is recorded before the learned Judicial Magistrate No.II,
Usilampatti, I am inclined to 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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Usilampatti and 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent police daily at 10.00 am until further orders.
[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioner shall not abscond either during investigation or trial.
[d] 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 petitioners 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 condition 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.II, USILAMPATTI 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT 3 THE INSPECTOR OF POLICE, USILAMPATTI TALUK POLICE STATION, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S J.PRAVEEN Advocate SR.No.44175
ORDER
IN CRL OP(MD) No.12944 of 2016 Date :10/08/2016 SMA/SKS-RR/SAR-I/16/08/2016 :2P/6C https://hcservices.ecourts.gov.in/hcservices/