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Madras High CourtCRL OP(MD)/5617/2017ordered

E.Rajendran, v. The Inspector Of Police,

2017-06-02Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Second day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) Nos.5617 and 5649 of 2017 1 E.RAJENDRAN, 2 KAVIYARASU, ... PETITIONERS / ACCUSED No.2 & 4 in CRL.OP(MD).No.5617 of 2017 BHUVANESWARAN ... PETITIONER/3rd ACCUSED in CRL.OP(MD).No.5649 of 2017 Vs State rep.by THE INSPECTOR OF POLICE, NAINARKOVIL POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO.90 OF 2017. RESPONDENT / COMPLAINANT IN BOTH THE PETITIONS For Petitioner : M/S.R.BALAMURUGANANTHAM, ADVOCATE IN CRL.OP.(MD).NO.5617 OF 2017 For Petitioner : M/S.M.S.JEYAKARTHIK, ADVOCATE IN CRL.OP.(MD).NO.5649 OF 2017 For Respondent : MR.A.RAMAR, Additional Public Prosecutor,Crl. Side IN BOTH THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A2 to A4 in Crime No.90 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 366-A IPC 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 counsel for the petitioners submitted that the allegation in the complaint is that A1, with the help of the petitioners herein / A2 to A4, kidnapped the defacto complainant's daughter aged about 17 years. A2 is the father of A1. A3 and A4 are https://hcservices.ecourts.gov.

the friends of A1. The defacto complainant's daughter and A1 loved each other and left home on their own. The petitioners have not committed any offence as alleged in the complaint. They are innocent. They have been falsely implicated in this case. 4.The learned Government Advocate appearing for the respondent / Police submitted that it is a case of love affair. The victim girl is not yet secured. The investigation is pending.

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 in both the petitions are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Paramakudi and on each 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 once in a week ie., on every Monday at 10.30 a.m. until further orders. 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/- 02/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3 THE INSPECTOR OF POLICE, NAINARKOVIL POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.S.JEYAKARTHIK, Advocate SR.No.23115 +1cc to M/S.R.BALAMURUGANANTHAM, ADVOCATE SR.No. 23153 CSL/RR/SAR-IV/06.06.2017 : 2P-7C

ORDER

IN CRL OP(MD) Nos.5617 and 5649 of 2017 Date :02/06/2017 https://hcservices.ecourts.gov.in/hcservices/