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Madras High CourtCRL OP(MD)/17462/2018ordered

Ajish, S/O.Gopi, v. The Inspector Of Police,

2018-10-01Honourable Mr Justice G.K. Ilanthiraiyan2 pages

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.17462 of 2018 1.AJISH 2.GOPI 3.SANTHAKUMARY 4.AJITHAKUMARY 5.SREEKANTH 6.SUNILKUMAR ... PETITIONER / ACCUSED 1 to 6 Vs THE INSPECTOR OF POLICE, NITHIRAVILAI POLICE STATION, KANYAKUMARI DISTRICT.

(CRIME NO.187 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : Mr.S.C.HEROLD SINGH, 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 petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323, 506(ii) I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002, in Crime No.187 of 2018, seek anticipatory bail.

2.The case of the prosecution is that the brother of the first accused one Ajaynath was in love with the defacto complainant. Due to their relationship, the defacto complainant became pregnant. When the matter came to be known to both families, they arranged the marriage between themselves. At the time of marriage, the said Ajaynath told that after the marriage of the first accused, he will take her to the matrimonial home. Thereafter, he gone back on his words. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocents. They did not commit any offence as alleged by the prosecution. They were only making https://hcservices.ecourts.gov.in/hcservices/

arrangements for the marriage of the first accused. Hence, he prays for anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor submitted that the investigation is pending.

5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Kuzhithurai and on their 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 petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. 6.The petitioners 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/- 01/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II, KUZHITHURAI, KANYAKUMARI DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL.

3.THE INSPECTOR OF POLICE, NITHIRAVILAI POLICE STATION, KANYAKUMARI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to Mr.S.C.HEROLD SINGH, Advocate, SR.No.18653.

ORDER

IN CRL OP(MD) No.17462 of 2018 Date :01/10/2018 RAM/RR/SAR 1/12.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/