BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12399 of 2011 1 RAJA 2 KARTHICK 3 SHANMUGAM ... PETITIONERS / ACCUSED NO.1,4 & 5 Vs STATE THROUGH THE INSPECTOR OF POLICE MUSIRI POLICE STATION, IN CRIME NO.470 OF 2011, TRICHY DISTRICT. ... RESPONDENT / COMPLAINANT For Petitioner : M/S. M.SUBASH BABU Advocate For Respondent : M/S. A.RAMAR, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioners / A1 , A4 and A5 were arrested and remanded to judicial custody on 10.09.2011 for the alleged offence punishable under Sections 366(A) of IPC in Crime No.470 of 2011 on the file of the respondent police and hence, seek bail. 2. The learned counsel for the petitioners would submit that even though he filed an bail application for three persons, he is not pressed in respect of first and the second petitioners. He also made an endorsement to that effect. 3. The learned counsel for the petitioner further submitted that the grand son of the third petitioner, who was arrayed as A3 is alleged to be kidnapped the victim girl aged about 17 years old. Hence, the father of the victim girl has given a complaint and on the basis of the complaint only, the case has been registered on 8.9.2011 and even though the alleged occurrence has been taken on 25.8.2011 and the girl is elopped with A3 and the third petitioner was arrested on 10.09.2011 and he prays for enlargement on bail. 4. Refuting the same, the learned Additional Public Prosecutor would submit victim girl is aged about 17 years and the victim girl and A3 is yet to be secured and investigation is going on and he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 5. Considering the rival submissions made by both sides and on perusal of FIR, it could be seen that after receiving the complaint that was taken on file as CSR.No.374 of 2011 stating that the victim girl elopped with A3 and A3 kidnapped the girl on 25.8.2011 who is aged about 17 years with the help of other accused and she is a minor and third petitioner was shown as A5 and he is only the grand father of A3 and he is aged about 67 years and he was arrested on 10.9.2011 and the victim girl and A3 is yet to be secured. Considering the age of petitioner and the relationship, I am inclined to grant anticipatory bail to the third petitioner with stringy conditions. 6. Accordingly, the third petitioner / A5 is ordered to be released on bail 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 Judicial Magistrate, Musiri, and on further condition that the third petitioner / A5 shall appear before the concerned Magistrate, daily at 10.30 a.m. for 60 days until further orders. sd/- 23/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE MUSIRI 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE TRICHY 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE MUSIRI POLICE STATION, TRICHY DISTRICT. 5. THE OFFICER IN-CHARGE, SUB JAIL, MUSIRI. +1. CC to M/S. M.SUBASH BABU Advocate SR.No.32947 ORDER IN CRL OP(MD) No.12399 of 2011 Date :23/09/2011 SMA/22.9.2011/7C/2P https://hcservices.ecourts.gov.in/hcservices/