N.Nagarajan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventh day of July Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.8396 of 2017 1 N.NAGARAJAN 2 R.SEKAR @ RATHINASAMY 3 R.RAMESH ... PETITIONERS / ACCUSED No.1 to 3 Vs State represented by THE INSPECTOR OF POLICE COLACHEL POLICE STATION, KANYAKUMARI DISTRICT (CRIME NO.214 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S. T. LAJAPATHI ROY Advocate For Respondent : Mr.A.Ramar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 to 3, in Crime No.214 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 147, 341, 323, 363 and 379(NP) I.P.C and hence, seek anticipatory bail.
2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent/State. 3.The case of the prosecution is that the defacto complainant married the victim girl. The petitioners, who are the father and relatives, have abducted her.
4.The learned counsel appearing for the petitioners submitted that the first petitioner is the father of the said girl and the second and third petitioners are the cousins of the said girl. On an earlier occasion, the daughter of the first petitioner was abducted by the defacto complainant and the first petitioner has also lodged a complaint against him before the respondent Police and subsequently her daughter came to the first petitioner's home voluntarily. The victim girl is with the first petitioner herein and the petitioners have never involved in any offence. https://hcservices.ecourts.gov.in/hcservices/ 5.The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that totally there are
three named and three unnamed accused and the petitioners herein are the named accused, who are arrayed as A.1 to A.3 respectively. He would further submit that the daughter of the first petitioner was given marriage to the defacto complainant and after registering the marriage, the accused herein have taken the said girl from the custody of the defacto complainant herein. It is also admitted that the daughter of the first petitioner has also given a statement before the respondent Police that she has voluntarily gone to the house of the first petitioner and she is in custody of their parents.
6.Considering the above 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, Eraniyal 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 daily at 10.30 a.m., until further orders. The petitioners shall comply with the conditions 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/- 07/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, ERANIYAL 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE INSPECTOR OF POLICE COLACHEL POLICE STATION, KANYAKUMARI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. T. LAJAPATHI ROY Advocate SR.No.26130 SM:CM-MSA:SAR 3:11.7.2017:2P/6C
ORDER
IN CRL OP(MD) No.8396 of 2017 Date :07/07/2017 https://hcservices.ecourts.gov.in/hcservices/