Mahesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fourth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.5008 of 2017 1 MAHESH 2 VELMAYIL 3 MANIKANDAN ... PETITIONER/ ACCUSED 1 TO 3 Vs STATE REP.BY THE INSPECTOR OF POLICE AUSTINPATTI POLICE STATION, MADURAI DISTRICT, CR.NO. 174/2017 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.B.SUDHA SATHYANANTH Advocate For Respondent : M/S.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-1 to A-3 in Crime No.174 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), 109 IPC and Sections 5(L) r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Child Marriage Restratraint Act, 2006 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 learned Government Advocate(Crl.Side) appearing for the respondent on instructions submitted that it is a case of love affair and the first accused was in love with the defacto complainant and the victim girl did not want to go with the parents and she is in a home and the first accused was arrested and he is in judicial custody.

4. The learned counsel for the petitioners submitted that the petitioners are father, mother and brother of the first accused and the first accused was arrested and he is in prison. https://hcservices.ecourts.gov.in/hcservices/

5. 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, Thirumangalam, 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.

6.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/- 24/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, THIRUMANGALAM.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE INSPECTOR OF POLICE AUSTINPATTI POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.B.SUDHA SATHYANANTH Advocate SR.No.20857

ORDER

IN CRL OP(MD) No.5008 of 2017 Date :24/04/2017 MS/PM.PN/SAR.3/25.04.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/