Ramaye v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Ramaye

2. Kannan

3. Sanjeevi ... Petitioners/Accused(Rank not known) Vs The State rep.by, The Inspector of Police, Theppakulam Police Station, Madurai City.

(Crime No. 135/2022) (Amended as Per Order Dated 01.04.2022 in Crl.M.P.

(MD).No.4289/2022 in Crl.Op.(MD).

No.5596/2022 by KMSJ) ... Respondent/Complainant For Petitioner : M/s.Senthil Murugan.C Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 135 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 363 IPC r/w.6, 5(1) POCSO Act, in Crime No.135 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that son of the 1st petitioner said to have abducted a minor girl and performed marriage and hence, the defacto complainant lodged a complaint.

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3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that no speicfic allegations have been made against these petitioners with regard to the above said offence and the 1st accused only committed the above said offence.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the main allegations against the petitioners is that whereabouts of the A1 and the victim girl was not informed by them to the respondent police.

5. Considering the nature of offence, the overt act attributed against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Special Court for POSCO Act Cases, Madurai on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 20/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. THE JUDGE, SPECIAL COURT FOR POSCO ACT CASES, MADURAI.

2. THE INSPECTOR OF POLICE, THEPPAKULAM POLICE STATION, MADURAI CITY.

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3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.V.PALANICHAMY, Advocate SR.No.7530

ORDER

IN CRL OP(MD) No.5596 of 2022 Date :20/07/2022 RK/SVR/SAR-III/28.07.2022/3P/5C 3/3