Leelavathi@Kottaiyammal v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3137 of 2017 1 LEELAVATHI @ KOTTAIYAMMAL 2 PAGAMPIRIYAL ... PETITIONERS/ACCUSED 3-4 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE KUNDRAKUDI POLICE STATION, SIVAGANGAI DISTRICT CRIME NO.31 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.B.MURUGANANDAM Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A-3 and A-4, in Crime No.31 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 366(A), 417 of I.
P.C and Section 5(1) r/w Section 6 of Protection of Children From Sexual Offences Act, 2012 r/w 120(b) of I.P.C and hence, seek anticipatory bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent/State.
3. The case of the prosecution is that by giving false promise, the first accused is said to have had sexual intercourse with the victim girl.
4. The learned Government Advocate(Crl. Side) on instructions submitted that this is a case of girl missing. She further submitted the victim girl is aged 15 years and she is secured. She further submitted that the first accused was arrested and remanded Borstal School and it is a case of love affair. https://hcservices.ecourts.gov.in/hcservices/
5. The learned counsel appearing for the petitioners submitted that the petitioners are the relatives of the first accused and they
are innocent persons and they are nothing to do with the alleged offence.
6. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Karaikudi and on each of them executing 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 learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. 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/- 20/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,KARAIKUDI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE KUNDRAKUDI POLICE STATION,SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADRAS HIGH COURT OF MADURAI BENCH, MADURAI.
+1. CC to M/S.B.MURUGANANDAM Advocate SR.No.15838 PM CSL/BS/SAR-II/23.03.2017 :2P/6C
ORDER
IN CRL OP(MD) No.3137 of 2017 Date :20/03/2017 https://hcservices.ecourts.gov.in/hcservices/