Pandidurai, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fifth day of July Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.8897 of 2017 PANDIDURAI ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY, THE INSPECTOR OF POLICE, VATTATHIKOTTAI POLICE STATION, THANJAVUR DISTRICT.
CRIME NO.63 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.D.R.MURUGESAN 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 petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 366-A of IPC., in Crime No.63 of 2017, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner kidnapped the minor girl, who is aged about 17-1/2 years old, and the case was registered based on the complaint given by the father of the victim girl.
3. The learned counsel appearing for the petitioner states that the petitioner and the victim girl are fell in love with each other and they are living as husband and wife, after their marriage. He would further submit that the defacto complainant in this case filed H.C.P.(MD)No.757 of 2017 before this Court and in that proceedings, the defacto complainant's daughter, by name Sivaranjini, has appeared on 06.07.2017 and submitted that she married the petitioner herein and also produced the marriage certificate and recording the same, the HCP was closed. The petition has also produced the copy of the order made in the Habeas Corpus Petition. https://hcservices.ecourts.gov.in/hcservices/
4. The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that, as per the records
maintained by the respondent Police, the victim girl is aged about 17-1/2 years old.
5. Considering the above facts and circumstances of the case and also considering the order passed by the Division Bench of this Court in HCP(MD)No.757 of 2017 stating that the detenue in this case is a major, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Pattukottai, 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 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 the petitioner shall report before respondent Police daily at 10.30 a.m., until further orders, for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C., scrupulously.
7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 25/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI.
2 THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM. 3 THE INSPECTOR OF POLICE, VATTATHIKOTTAI POLICE STATION, THANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
MPK CSL/CM-MSA/SAR-III/28.07.2017 : 2P/5C
ORDER
IN CRL OP(MD) No.8897 of 2017 Date :25/07/2017 https://hcservices.ecourts.gov.in/hcservices/