Sathiyaseelan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14349 of 2018 1 SATHIYASEELAN 2 S.PANDEESWARI ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, THIRUVERUMBUR POLICE STATION, TRICHY DISTRICT.
... RESPONDENT / COMPLAINANT For Petitioners: Mr.M.SUBASH BABU Advocate For Respondent : Mrs.M.ANANTHA DEVI Government Advocate(criminal side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Section 366 of IPC, in Crime No.236 of 2018, seek anticipatory bail. 2.The case of the prosecution is that the daughter of the defacto complainant was studying in Mathursha Arab School to learn Arabic language. While being so, on 25.07.2018, her daughter went to the school and thereafter, she did not return back to home. Therefore, she lodged a complaint and the respondent police registered a case for girl missing.
3.The learned counsel for the petitioners would submit that the petitioners are husband and wife and the first petitioner is running a saloon in the name and style of Champion Saloon. The first accused/Manikandan was working with their shop for the past several years. He fell in love with the daughter of the defacto complainant and she is aged about 24 years. They have eloped and got married. They are also living together. The learned counsel for the petitioner produced documents to show that their marriage solemnized on 01.08.2018. Therefore, they did not involved in any criminal activities as alleged by the prosecution.
https://hcservices.ecourts.gov.in/hcservices/
4. It is seen that the victim girl is aged about 24 years and
she got married with the said Manikandan on 01.08.2018. Further the victim girl had written a letter to the Superintendent of Police, Trichy, dated 02.08.2018 stating that on her wish only she eloped with said Manikandan and they got married and living happily. 5.Considering the facts and circumstances of the case, the petitioners have no role to play in this case. 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.VI, Trichy and on their 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 shall appear before the respondent police daily at 10.30.a.m., for a period of two weeks and thereafter, as and when required for interrogation. The petitioners shall comply with the conditions 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 shall stand dismissed.
sd/- 21/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE NO VI, TRICHY.
2.THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3.THE INSPECTOR OF POLICE, THIRUVERUMBUR POLICE STATION, TRICHY DISTRICT. 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.M.SUBASH BABU Advocate SR.No.15932
ORDER
IN CRL OP(MD) No.14349 of 2018 Date :21/08/2018 TK/PN/SAR.1/29.08.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/