Janani @ Selvarani v. The Inspector O Fpolice

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9351 of 2016 JANANI @ SELVARANI ... PETITIONER/ 1st ACCUSED Vs THE STATE REP.BY THE INSPECTOR O FPOLICE BODINAYAKKANUR POLICE STATION, THENI DISTRICT, CR NO. 241 OF 2016. ... RESPONDENT/ COMPLAINANT For Petitioner : M/S M.BABY SUDHA Advocate For Respondent : M/s.K.Anbarasan Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.1, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 366(A),406,344 of IPC r/w. Section 17 Protection of Childlren from Sexual Offences Act, in Crime No.241 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the daughter of the defacto complainant, who is a minor, aged about 16 years was kidnapped by A2 with the help of A1 and A3 and she was objected to sexual relationship.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is a native of Sivakasi and she was married one Gopi native of Keelanayakkanur Village, Bodinayakkanur Taluk. The victim was neighbour of the petitioner. Due to that, a false case has been foisted against the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that A2 and A4 are arrested and in judicial custody and the investigation of the case is pending.

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5.Considering the facts and circumstances of the case and also considering the fact that A1 is neighbour of A2, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Sivakasi and on his 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 petitioner shall appear before the respondent Police as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioner 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/- 15/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SIVAKASI.

2 THE CHIEF JUDICIAL MAGISTRATE, THENI.

3 THE INSPECTOR O FPOLICE, BODINAYAKKANUR POLICE STATION, THENI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

JA-SKS-RR/22.6.2016/2P-5C

ORDER

IN CRL OP(MD) No.9351 of 2016 Date :15/06/2016 https://hcservices.ecourts.gov.in/hcservices/