Paramasivan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12040 of 2015 1 PARAMASIVAN 2 GURUVAMMAL 3 SELVI 4 SUDALAI ... PETITIONERS / ACCUSED 1 TO 4 Vs STATE REP BY THE INSPECTOR OF POLICE KAYATHAR POLICE STAION, THOOTHUKUDI DISTRICT, CRIME NO.226 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.THALAIMUTHURASU Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A-1 to A-4 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 366(A) of I.P.C in Crime No.226 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that the accused had kidnapped the daughter of the defacto complainant to solemnise marriage with the first accused.

3. The learned counsel for the petitioners submitted that the accused and the defacto complainant are close relatives. He further submitted that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that the defacto complainant and her daughter are present in this Court and the accused had never kidnapped the daughter of the defacto complainant. 4.Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the State. The defacto complainant and her daughter are present in this Court and they are identified by the Investigating Officer.

5.Considering the facts and circumstances of the case, 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 II, Kovilpatti, and on each of them 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 first petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders and the petitioners 2 to 4 shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. https://hcservices.ecourts.gov.in/hcservices/

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 stands dismissed.

sd/- 30/06/2015 (amended as per order of this Hon'ble court dated 31.07.2015 made in MP.(MD).No.1/2015 in Crl.OP.(MD).NO.12040) sd/- 31/07/2015 Time is extended by two weeks to furnish the sureties for the date of receipt of the order copy.

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

TO (to be substituted to the order copy already despatched) 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM 2 THE JUDICIAL MAGISTRATE *II, KOVILPATTI 3 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE,TUTICORIN DISTRICT 4 THE INSPECTOR OF POLICE KAYATHAR POLICE STAION, THOOTHUKUDI DISTRICT, 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1cc to Mr.G.Thalaimutharasu, Advocate SR.No.42762 Sm:AMF:03.07.2015:2P/6C Sm:IV:SAR I:10.08.2015:2P/7C

ORDER

IN CRL OP(MD) No.12040 of 2015 Date :30/06/2015 https://hcservices.ecourts.gov.in/hcservices/