Madras High CourtCRL OP(MD)/13447/2018partly allowed

D.Philip v. The Inspector Of Police

2018-08-01Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the First day of August Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.13447 of 2018 1.D.PHILIP 2.P.SHEELA 3.P.ANDREWS RAMESH ASEER 4.P.DINESH SANTHOSH KUMAR ... PETITIONERS/ ACCUSED RANK NOT KNOWN Vs THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE, KOODAL PUDUR POLICE STATION, MADURAI.

(CRIME NO. NOT KNOWN/2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.SUMESH, Advocate.

For Respondent : Mr.A.ROBINSON, Govt. Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 417, 376 and 506(i) IPC r/w Section 3(2)(b) of SC/ST Act in Crime No.45 of 2018, seek anticipatory bail.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent Police.

3.The learned Government Advocate (Crl.side) would submit that the third respondent is not an accused. Hence, the Criminal Original Petition is closed, insofar as the third petitioner concerned. As far as the petitioners 1 and 2 are concerned, they are permitted to surrender before the Jurisdictional Special Court and apply for regular bail. The Jurisdictional Special Court shall https://hcservices.ecourts.gov.in/hcservices/

consider their bail application and pass orders on the same date. The Petitioners 1 and 2 shall intimate the de facto complainant about the date of surrender.

4.As far as the fourth petitioner is concerned, it is made clear that he is not entitled for any indulgence. Hence, this Court is not inclined to pass usual direction to surrender and take orders on the same date, since he is playing in the life of young girl, who belongs to scheduled caste community.

5.This Criminal Original Petition is dismissed, as far as the fourth petitioner is concerned and insofar as the petitioners 1 and 2 are concerned, this petition is disposed of, granting relief as indicated above. Insofar as the third petitioner is concerned, the Criminal Original Petition is closed.

sd/- 01/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.IV, MADURAI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3.THE INSPECTOR OF POLICE, KOODAL PUDUR POLICE STATION, MADURAI.

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

+1. CC to M/S.S.SUMESH, Advocate, SR.No.14808.

ORDER

IN CRL OP(MD) No.13447 of 2018 Date :01/08/2018 cp RAM/VR MMS/SAR 1/10.08.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/