Madras High CourtCRL OP(MD)/14969/2018ordered

R.Arunpandian, v. The Inspector Of Police

2018-08-24Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD) No.14969 of 2018 R.ARUNPANDIAN ... PETITIONER / ACCUSED NO.2 Vs STATE REP BY ITS THE INSPECTOR OF POLICE, PATTIVEERANPATTI POLICE STATION, DINDIGUL DISTRICT.

(CRIME.NO.108/2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.J.LAWRANCE Advocate For Respondent : Mr.V.NEELAKANDAN,Additional Public Prosecutor. PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehend arrest at the hands of the respondent police for the offences punishable under Sections 366(A) and Section 5(1) r/w.Section 6 of the Protection of Children from Sexual Offences Act, 2012 in Crime No.108 of 2018, seek anticipatory bail.

2.The case of the prosecution is that the petitioner and the victim girl who was aged about 15 years fell in love and both got married and the same was conducted by the father of the petitioner who is none other than the maternal uncle of the victim girl. Based on the complaint given by the victim girl's father, a case came to be registered by the respondent police. A1 was arrested and remanded to judicial custody and was subsequently released on bail by this Court .

3. The learned counsel appearing for the petitioner would submit that the petitioner and victim girl are close relatives and they fell in love with each other. Victim girl is continuously living in her parent's house.

4.The learned Additional Public Prosecutor would submit admitedly the victim girl was 15 years on the date of marriage and the petitioner had physical intercourse with the victim girl. https://hcservices.ecourts.gov.in/hcservices/

5.Taking note of the facts and circumstances and that the petitioner and the victim girl are close relatives and the fact that the victim girl is continuously living with her parents, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Additional Sessions Court (Mahila Court) Dindigul and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioner 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/- 24/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE ADDITIONAL SESSION COURT(MAHILA COURT), DINDIGUL.

2 THE INSPECTOR OF POLICE PATTIVEERANPATTI POLICE STATION, DINDIGUL DISTRICT.

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

+1. CC to M/S.J.LAWRANCE Advocate SR.No.16145 PS/RR/SAR-2:31/02/2018:2P/5C

ORDER

IN CRL OP(MD) No.14969 of 2018 Date :24/08/2018 https://hcservices.ecourts.gov.in/hcservices/