Gunaseelan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the First day of October Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.17204 of 2018 GUNASEELAN ... PETITIONER / ACCUSED NO.2 Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE, KEELAVALAVU POLICE STATION, (IN CRIME NO 168 OF 2018), MADURAI ... RESPONDENT / COMPLAINANT For Petitioner : Mr.A.PRASANNA RAJADURAI, 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, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 5(1), 6 of POCSO Act and Section 366(A) I.P.C in Crime No.168 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that on 17.05.2018, the first accused kidnapped the defacto complainant's daughter with the help of this petitioner and had sexual intercourse with her. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that there was a love affair between the first accused and the victim. The first accused was arrested and released on bail in Crl.M.P.No.1988 of 2018, order dated 06.09.2018 by the learned Sessions Judge, Mahalir Neethimandram, Madurai. This petitioner is the friend of the first accused and he is no way connected with the alleged occurrence. Hence, he prays for anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the investigation is pending. https://hcservices.ecourts.gov.in/hcservices/

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 Sessions Judge, Mahalir Neethimandram, Madurai 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 Judge 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 Judge 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/- 01/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE SESSIONS JUDGE, MAHALIR NEETHIMANDRAM, MADURAI.

2.THE INSPECTOR OF POLICE, KEELAVALAVU POLICE STATION, MADURAI.

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

+1. CC to Mr.VAIKKAM KARUNANITHI, Advocate, SR.No.18687.

ORDER

IN CRL OP(MD) No.17204 of 2018 Date :01/10/2018 RAM/RR/SAR 1/12.10.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/