Boominatahan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15934 of 2018 BOOMINATAHAN ... PETITIONER/ACCUSED Vs THE STATE REPRESENTED BY INSPECTOR OF POLICE KOMBAI POLICE STATION, THENI DISTRICT.

IN CRIME NO. 210 OF 2018 ... RESPONDENT/ COMPLAINANT For Petitioner : MR.M.SOLAISAMY Advocate For Respondent : MRS.M. ANANTHA DEVI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 50(i) I.P.C. in Crime No.210 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that on 02.07.2018, the petitioner kidnapped the defacto complainant's daughter. After registering the case, the defacto complainant's daughter appeared before the respondent police and stated that she had voluntarily gone out on her own wish. So the defacto complainant withdrew the case.

Due to that motive, the petitioner abused the defacto complaint with dire consequences. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner and the defacto complainant's daughter have love affairs with each other. Already a complaint was preferred by the defacto complainant with unwarranted allegations. But the same was proved as false. In such circumstances, the defacto complainant prefers the present complaint with an ulterior motive. Hence, the prays for anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate(Crl.Side) appearing for the respondent submitted that no one suffered injury in this case.

5.Taking note of the facts and circumstances, 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 Judicial Magistrate, Bodi and on his 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 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/- 06/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE BODI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT 3 THE INSPECTOR OF POLICE KOMBAI POLICE STATION, THENI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.M.SOLAISAMY Advocate SR.No.17202

ORDER

IN CRL OP(MD) No.15934 of 2018 Date :06/09/2018 MSI/PN/SAR-I/17.09.2018-2P/6C https://hcservices.ecourts.gov.in/hcservices/