Gunal @ Guna @ Gunasekaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.6406 of 2023 Gunal @ Guna @ Gunasekaran ... Petitioner/Accused rank not known Vs The State represented by The Inspector of Police, Jeeyapuram Police Station, Tiruchirapalli.
(In Crime No.302/2022)..
... Respondent/Complainant For Petitioner : Mr.S.Rameshkumar, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.302 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused who apprehends arrest at the hands of the respondent police for the offences punishable under sections 366 of IPC @ 5(1)(j)(2)r/w.6(1) of POCSO Act in Crime No. 302 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 29.12.2022 the victim was found missing. During investigation it came to light that the petitioner and the victim loved each and had physical relationship due to which she became pregnant, hence the case.
3. Heard both side and perused the materials available on record including the First Information Report and the statement of the victim recorded under section 164 of Cr.P.C.
4. It is a case of love affair. Now the victim attained majority and they got married and living together happily in the in-laws house. Infact the father of the victim had filed a Habeus Corpus Petition before this Court in HCP(MD) No.191 of 2023 and the victim was produced before this Court. Taking into consideration of the facts and circumstances this court is inclined to grant anticipatory bail to the petitioner , with certain conditions:
5. 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 on which the order copy made ready, before the learned Judicial Magistrate No.III, Trichy 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police daily at 10.30 am., for a period of two weeks and thereafter as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial.
[e] 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 06/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.III TRICHY.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TRICHY.
3 THE INSPECTOR OF POLICE JEEYAPURAM POLICE STATION, TIRUCHIRAPALLI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.RAMESHKUMAR, Advocate ( SR-5683[I] dated 11/04/2023 )
ORDER
IN CRL OP(MD) No.6406 of 2023 Date :06/04/2023 SS/BUC/SAR III/17/04/2023/3P/6C