Rajesh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirteenth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9020 of 2016 1 RAJESH 2 ALAGAR 3 TAMILARASI 4 VALLI 5 JOTHIMANI ... PETITIONERS / ACCUSED NO.1,2,5 TO 7 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE PALANI POLICE STATION, DINDIGUL.
(IN CRIME NO. 207/2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S N.SEKAR Advocate For Respondent : MR.N.SEKAR Govt. Advocate ( Crl. Side) 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.1,2,5 to 7 apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 366 of IPC in Crime No.207 of 2016, seek anticipatory bail.
2. The case of the prosecution is that on 24.02.2016 the first petitioner with the help of the other petitioner kidnapped the daughter of the defacto complainant. On complaint, a case has been registered against the petitioners.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He further submitted that the first petitioner and the daughter of the defacto complainant loved each other. When the defacto came to know about the same, the defacto complainant's daughter found missing, as such in order to harass the entire family, the petitioners names have been falsely implicated in this case.
4. The learned Government Advocate (Crl. Side) submitted that the victim has given a statement before the learned Judicial Magistrate that she stayed only at her friend's house on her own violation and no one has kidnapped her and he has also produced a copy of the same. https://hcservices.ecourts.gov.in/hcservices/
5. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly,
the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Palani on condition that each of 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:
[a] the petitioners 1 and 2 shall appear before the respondent Police daily at 10.00 am until further orders and the petitioners 3 to 5 are being ladies shall report before the respondent police as and when required for interrogation.
[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 13/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE JUDICIAL MAGISTRATE, PALANI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT 3 THE INSPECTOR OF POLICE,PALANI POLICE STATION, DINDIGUL 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S A.MOHAMED YUSYF Advocate SR.No.36385 GJM/SKS/RR/SAR-III-18.7.16-2P-6C
ORDER
IN CRL OP(MD) No.9020 of 2016 Date :13/07/2016 https://hcservices.ecourts.gov.in/hcservices/