A. Dinesh Kumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI A.Dineshkumar ... Petitioner / Sole Accused
Versus
The State through the Inspector of Police, Thogamalai Police Station, Karur District.
(Crime No.177 of 2024) ... Respondent / Complainant For Petitioner :
Mr.V.Kannan, Advocate For Respondent :
Mr.M.Sakthi Kumar, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.177 of 2024 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.177 of 2024, for the offence under Section 363 IPC and Section 3(a) r/w. Section 4 of POCSO Act, has filed this petition seeking anticipatory bail.
2. The case of the prosecution is that the petitioner kidnapped the daughter of the defacto complainant, who is aged about 16 years. Hence, the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner and the victim girl loved each other and she called the petitioner and threatened him that if he did not take away her, she would slit her wrists. He further submits that the victim girl has eloped with the petitioner on her volition. Therefore, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) has produced a copy of the victim girl's statement recorded under Section 164 Cr.P.C. wherein, she has stated that she had a love affair with the petitioner and she threatened him that if he did not take away her, she would slit her wrists, therefore, he took away her from her house.
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5. Considering the facts and circumstances of the case, the nature of allegation and also considering the statement of the victim girl recorded under Section 164 Cr.P.C, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of arrest or on his 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 petitioner executes 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 No.I, Kulithalai; (ii) The petitioner 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 petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. 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 3/5
prosecution witnesses.
(v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.
sd/- 03/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
OGY To 1.The Judicial Magistrate No.I, Kulithalai.
2.Do through the Chief Judicial Magistrate, Karur District.
3.The Inspector of Police, Thogamalai Police Station, Karur District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.V.KANNAN, Advocate ( SR-6047[I] dated 03/06/2024 ) 4/5
ORDER
IN CRL OP(MD) No.7225 of 2024 Date :03/06/2024 ED/ VR /SAR- (04/06/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5