Prakash v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12201 of 2022 Prakash ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

(in Crime No.281/2022).

... Respondent/Complainant For Petitioner : M/s.Jothi Basu M, Advocate.

For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.281 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections Woman Missing @ 366(A) IPC r/w. Sections 6, 5(1) of Protection of Children from Sexual Offences Act, 2012 in Crime No.281 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the father of the victim lodged a complaint stating that his daughter who was aged about 17 years was studying in college. On 28.06.2022, the victim was alone in the house and both husband and wife went for job. On the same day, the sister of the defacto complainant informed the petitioner that victim is not available in

the house. On the basis of the above said missing, a case was registered. During the course of investigation, the statement of the victim was recorded. She has stated that she is in love with the petitioner and she eloped with him and thereafter, they went to several places and she returned to her home and informed to her father.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that medical examination was over and the investigation is pending. He would further submit both the families are accepted to marriage after attaining the majority of victim.

5. In view of the said undertaking given by the parties, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.II, Sivakasi, on condition that the petitioner shall execute 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 the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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 stands dismissed.

Sd/- 10/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP

TO

1. THE JUDICIAL MAGISTRATE NO.II, SIVAKASI.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGR DISTRICT AT SRIVILLIPUTHUR.

3. THE INSPECTOR OF POLICE, SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.JOTHI BASU M Advocate SR.No.8400

ORDER

IN CRL OP(MD) No.12201 of 2022 Date :10/08/2022 SP/JM/SAR IV/26/08/2022/3P/6C