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Madras High CourtCRL OP(MD)/9977/2016granted

Kubbaiperumal v. The Inspector Of Police

2016-06-23Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9977 of 2016 1 KUBBAIPERUMAL 2 PANCHU 3 DEEPA 4 GANESAN 5 JEGAVEERAN ... PETITIONER / ACCUSED NO.2 TO 6 Vs STATE REP.BY THE INSPECTOR OF POLICE VALANDUR POLICE STATION, USILAMPATTI, MADURAI , CRIME NO. 63 OF 2016. ... RESPONDENT/ COMPLAINANT For Petitioner : M/S D.VIJAYARAGAVAN Advocate For Respondent : MR.P.KANNITHEVAN 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.2 to 6, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 366(A) and 109 of IPC, in Crime No.63 of 2016 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with A1 kidnapped the daughter of the defacto complainant. On complaint, a case has been registered against the petitioners.

3. The learned counsel appearing 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 petitioners 1 and 2 are parents of A1 and the other petitioners are relatives of A1 and their names have been falsely implicated in this case and prays for anticipatory bail in favour of the petitioners.

4. The learned Government Advocate (Crl.Side) submitted that the victim girl is secured and she is staying at Vidiyal home in Muthupatti near Usilampatti and A1 has already arrested and remanded to judicial custody and the investigation is pending. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances of the case and also considering the fact that the victim girl is secured and that the A1 was arrested and remanded to judicial custody, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Usilampatti and on each of them 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 petitioners 1,4 and 5 shall appear before the respondent Police daily at 10.00 am until further orders and the petitioners 2 and 3 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 petitioners 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/- 23/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE JUDICIAL MAGISTRATE NO.II, USILAMPATTI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,MADURAI DISTRICT 3 THE INSPECTOR OF POLICE,VALANDUR POLICE STATION, USILAMPATTI,MADURAI , 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S D.VIJAYARAGAVAN Advocate SR.No.32500 GJM/ARK/PV/SAR-III-28.6.16-2P-6C

ORDER

IN CRL OP(MD) No.9977 of 2016 Date :23/06/2016 https://hcservices.ecourts.gov.in/hcservices/