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Madras High CourtCRL OP(MD)/17203/2018ordered

S. Thirunavuharasu, v. The Sub Inspector Of Police,

2018-09-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.17203 of 2018 S. THIRUNAVUHARASU ... PETITIONER / ACCUSED No.5 Vs THE STATE REP.BY THE SUB-INSPECTOR OF POLICE, TIRUCHENDUR POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO.12 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.RAMASAMY 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 apprehend arrest at the hands of the respondent police for the offences punishable under Sections 366, 506(i) of IPC Section 9 of Child Marriage Act and Section 12 of POSCO Act in Crime No.12 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that on on 15.01.2018 the daughter of the defacto complainant aged about 16 years went to the shop and thereafter she did not return back to home. Hence a complaint has been registered as 'Girl Missing'. On 19.01.

2018 she returned back to home therefore the offences are altered into Sections 366, 506(i) of IPC Section 9 of Child Marriage Act and Section 12 of POSCO Act. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is arrayed as A5 in this case and already A1 and the victim girl got married and some of the co- accused were granted bail and anticipatory bail. As far this petitioner is concerned, he is no way connected with the offence. Hence, he prays for anticipatory bail.

4 . Heard the learned Government Advocate (Crl.Side) appearing https://hcservices.ecourts.gov.in/hcservices/

for the respondent.

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, Tiruchendur 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/- 26/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, TIRUCHENDUR.

2.DO THRO' THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT 3.THE SUB INSPECTOR OF POLICE, TIRUCHENDUR POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to MR.S.RAMASAMY Advocate SR.No.18394

ORDER

IN CRL OP(MD) No.17203 of 2018 Date :26/09/2018 aav AE/JC/SAR4/03.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/