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Madras High CourtCRL OP(MD)/6173/2024ordered

Patturaj v. The Inspector Of Police

2024-04-23Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD).Nos.6173 and 6167 of 2024 Patturaj ... Petitioner/Accused No.1

Versus

The Inspector of Police, Sankarankoil Town Police Station, (Crime No.98 of 2024) ... Respondent / Complainant For Petitioner :

Mr.V.Karthirvelu, Senior Counsel for Mr.K.Prabhu, Advocate For Respondent :

Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.98 of 2024 on the file of the Respondent Police. Crl.O.P.(MD)No.6167 of 2024

1. Ganesan

2. Gandhimathi ... Petitioners/ Accused No.2 & 3

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The Inspector of Police, Sankarankoil Town Police Station, (Crime No.98 of 2024) ... Respondent / Complainant For Petitioner :

Mr.V.Karthirvelu, Senior Counsel for Mr.K.Prabhu, Advocate For Respondent :

Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.98 of 2024 on the file of the Respondent Police.

COMMON ORDER : The Court made the following order :- The respondent police registered a case as against these petitioners in Crime No.98 of 2024 for the offence under Section 366 IPC and remanded the first accused/petitioner in Crl.O.P.(MD)No.6173 of 2024 into judicial custody on 04.04.2024. Therefore, A1 has filed Crl.O.P.(MD)No.6173 of 2024 seeking bail. A2 and A3 have filed Crl.O.P.(MD)No.6167 of 2024 seeking anticipatory bail.

2. The first accused is the son of the accused Nos.2 and 3. The sister of the first accused, by name, Pattulakshmi and the defacto complainant loved each other and the accused Nos.2 and 3, being the parents of the said Pattulakshmi objected the same. Therefore, the defacto complainant and the said Pattulakshmi married 2/6

without the consent of A2 and A3 on 11.03.2024. Thereafter, A3, the mother of the said Pattulakshmi called her over phone and asked her to come to a temple. On 24.03.2024, the said Pattulakshmi came to the temple and at that time, the accused persons have abducted the said Pattulakshmi. Hence, the complaint.

3. The learned Senior Counsel appearing for the petitioners submits that the victim girl was secured and the victim girl is now living with her husband. Therefore, he prays for grant of bail to A1 and anticipatory bail to A2 and A3.

4. The learned Additional Public Prosecutor has also confirmed the said submission.

5. Considering the nature of offence and also considering the fact that the victim girl was secured and the victim girl is now living with her husband, this Court is inclined to grant bail to A1 and anticipatory bail to A2 and A3.

6. Accordingly, both the Criminal Original Petitions are ordered. The petitioner in Crl.O.P.(MD)No.6173 of 2024/A1 is ordered to be released on bail i) on the petitioner executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Sankarankovil, Tenkasi District.

ii) The petitioner and the sureties shall submit a copy of their 3/6

Aadhaar Card or any other identity card issued by the government in proof of their residence address;

iii) The petitioner shall appear before the respondent police as and when required for interrogation. He has to co-operate for the investigation.

iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well. v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail.

7. The petitioners in Crl.O.P.(MD)No.6167 of 2024/A2 and A3 are ordered to be released on bail in the event of their 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 on condition that (i) the petitioners execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand)each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Sankarankoil, Tenkasi District.

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(ii) The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;

(iii) The petitioners shall appear before the respondent police as and when required for interrogation. They have to co-operate for the investigation.

(iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses.

(v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 23/04/2024 / TRUE COPY / 23/04/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY 5/6

To 1.The Judicial Magistrate, Sankarankovil, Tenkasi District.

2.Do through the Chief Judicial Magistrate, Tirunelveli District.

3.The Inspector of Police, Sankarankovil Town Police Station, 4.The Superintendent, Central Prison, Palayamkottai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+2 CC to M/s.K.PRABHU, Advocate ( SR-4732 & 4733[I] dated 23/04/2024 )

ORDER

IN CRL OP(MD).Nos.6173 and 6167 of 2024 Date :23/04/2024 ED/ /SAR- (23/04/2024) 6P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6