Madras High CourtCRL OP(MD)/9212/2015disposed of

Ugine v. The Inspector Of Police

2015-06-26Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9212 of 2015 UGINE ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE MATHOOR POLICE STATION, PUDUKOTTAI DISTRICT.

CR. NO.58 OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.V.ILLANCHEZIAN 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 petitioner, who is the sole accused in Crime No.58 of 2015 on the file of the respondent police apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(b), 294(b), 323, 363 and 506(ii) IPC and hence, seeks anticipatory bail.

2.The case of the prosecution is that the accused has abducted the child from the custody of the defacto complainant. 3.It is submitted by the learned counsel for the petitioner that the defacto complainant is none other than the father-in-law of the petitioner and at the time of delivery of the child, his wife died and due to their old age, her grand parents were not able to take care of the child and therefore, the child is now under the custody of the petitioner. He would further submit that the petitioner is a lawful guardian of the minor child and the offences are not made out. 4.Heard the learned Government Advocate (Crl.Side). 5.Considering the facts and circumstances of the case,, this Court is inclined to grant anticipatory bail to the petitioner, with certain https://hcservices.ecourts.gov.in/hcservices/ conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned

District Munsif cum Judicial Magistrate, Keeranur, Pudukkottai District 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 petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the condition 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 stands dismissed.

sd/- 26/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KEERANUR,PUDUKKOTTAI DISTRICT.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,PUDUKKOTTAI. 3 THE INSPECTOR OF POLICE MATHOOR POLICE STATION, PUDUKOTTAI DISTRICT.

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

+1. CC to M/S.V.ILLANCHEZIAN Advocate SR.No.34132

ORDER

IN CRL OP(MD) No.9212 of 2015 Date :26/06/2015 PA/PPS/30.06.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/