1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12389 of 2011 R. SEEMAN ... PETITIONER / SOLE ACCUSED Vs STATE THROUGH THE SUB INSPECTOR OF POLICE KEELAVALAVU POLICE STATION, MADURAI DISTRICT, CRIME NO.142/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. S.MUNIYANDI Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/sole accused apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 366 IPC, in Crime No.142 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned Counsel for the petitioner would submit that the petitioner apprehending arrest in Crime No.142 of 2011 under Section 366 IPC. He further submits that the de-facto complainant's wife eloped along with her two children to this petitioner then only the case has been registered against the petitioner. But, both of them were secured and the de-facto complainant expressed his willingness to withdrew the case and the petitioner is nothing to to do with the commission of offence and the investigation is going on and hence, he prays for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor would submit that on 10.09.2011 the petitioner herein abducted the married women along with two children and the case has been registered under Section 366 of IPC in Crime No.142 of 2011 and now both were secured and the investigation is going on and hence he prays for dismissal of this application. 4.Considering the rival submissions made on both sides,it is seen that the victim married lady is aged about 32 years with two children and she eloped with the petitioner and on the basis of complaint given by the husband of the victim lady the case has been registered on 10.09.2011 under Section 366 of IPC and the victim women has been produced before the concerned Magistrate on 13.09.2011 and her statement has been https://hcservices.ecourts.gov.in/hcservices/ 2 recorded and also she has been joined with her husband. Even though the case has been registered on 10.09.2011 and even though the petitioner was not arrested he neither interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 5.Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate, Melur, and 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, Melur, and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. 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, anticipatory bail petition stands dismissed. sd/- 28/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, MELUR. 2. THE CHIEF JUDICIAL MAGISTRATE MADURAI. 3. THE SUB INSPECTOR OF POLICE KEELAVALAVU POLICE STATION, MADURAI DISTRICT. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. S.MUNIYANDI Advocate SR. No.33762 ORDER IN CRL OP(MD) No.12389 of 2011 Date :28/09/2011 RJ/30.9.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/