Madras High CourtCRL OP(MD)/20727/2016allowed

Selvarani v. The Inspector Of Police,

2016-11-01Honourable Mr Justice M. Govindaraj2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of November Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice M.GOVINDARAJ CRL OP(MD) No.20727 of 2016 SELVARANI ..PETITIONER/ACCUSED NO.1 Vs.

STATE REP.BY THE INSPECTOR OF POLICE, THIRUCHITRAMBALAM POLICE STATION, PATTUKOTTAI, THANJAVUR DISTRICT.

CR.NO. 220 OF 2016 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.D.R.MURUGESAN Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government 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 the alleged offence punishable under Sections 147, 366, 342, 352, 506(i) and 109 IPC in Crime No.220 of 2016 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and other accused persons forcibly performed the marriage between the de facto complainant and one Murugan.

3.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has not committed any offence and prays for anticipatory bail in favour of the petitioner.

4.The learned Government Advocate (Crl.side) submitted that the petitioner along with others kidnapped the de facto complainant and married her.

5.Considering the facts and circumstances of the case, 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, Pattukkottai, 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 https://hcservices.ecourts.gov.in/hcservices/

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 10:30 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 petitioner 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]. sd/- 01/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI, THANJAVUR DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,THANJAUVR AT KUMBAKONAM. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, THIRUCHITRAMBALAM POLICE STATION, PATTUKOTTAI, THANJAVUR DISTRICT.

+1. CC to M/S.D.R.MURUGESAN Advocate SR.No.64333 ORDER IN CRL OP(MD) No.20727 of 2016 Date :01/11/2016 PBK/SS-3/SAR-III 04/11/2016 ::2P-6C:

https://hcservices.ecourts.gov.in/hcservices/