1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.15583 of 2011 RAMESH ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE NAKUDI POLICE STATION, PUDUKKOTTAI DISTRICT, CRIME NO.99/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. T.A.EBENEZER Advocate For Respondent : MR. K.S.DURAI PANDIAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the sole accused in Cr.No.99 of 2011 on the file of the respondent police for the offence punishable under Section 366(A) of I.P.C. Apprehending arrest, at the hands of the respondent police, the petitioner is before this Court seeking anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. 3.According to the submission of the learned counsel for the petitioner, the petitioner is the sole accused in this case filed on the complaint of the de facto complainant and actually the victim girl had come voluntarily along with him and a Habeas Corpus petition was filed by the father of the victim girl and the same was ordered by this court in H.C.P.No.835 of 2011, in which the victim girl was willing to go with her father on a compromise reached in between the families of both the petitioner as well as the victim girl. He would further submit in his argument that there is a compromise to the effect that the victim girl will be married with the petitioner after she attained the age of majority in order to get a lawful wedlock. The petitioner is always willing to abide any conditions and he is ready to appear before the respondent police for the interrogation to be conducted in pursuance of the investigation. Therefore, he would request that anticipatory bail may be granted to the petitioner. 4.The learned Government Advocate (Crl.Side) would submit in his argument that investigation is pending and the victim girl has been secured and restored to her parents and if there is any compromise reached in between the parties regarding the marriage to be held in between the petitioner and the victim girl, after she attained the age of majority. However, he would say that the investigation has to be proceeded and charge https://hcservices.ecourts.gov.in/hcservices/ 2 sheet has to be filed thereafter, on completion of investigation. He would request this Court that if for any reason, the petitioner is granted anticipatory bail, suitable conditions may be imposed for the secured presence of the petitioner. 5.Considering the submissions made by both sides, I could see that there is a compromise reached in between the parties and it was expressed by the victim girl as well as her parents before the Honourable Division Bench of this Court in H.C.P.No.835 of 2011 that they are going to abide with the compromise reached in between them. Similarly the petitioner herein has also referred to the compromise had in between them. 6.Since the matter has been amicably compromised between the parties, this Court is inclined to grant anticipatory bail to the petitioner. Considering the fact that investigation has to be proceeded, the secured presence of the petitioner is required. Therefore the petitioner is granted anticipatory bail with the following conditions: 7.Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance before the learned Judicial Magistrate, Aranthangi, on 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall report before the respondent police as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. 8.The petitioner shall appear before the Magistrate concerned 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/- 29/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, ARANTHANGI 2 THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI 3 THE INSPECTOR OF POLICE, NAKUDI POLICE STATION, PUDUKKOTTAI DISTRICT 4 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. T.A.EBENEZER Advocate SR.No.41936 ORDER IN CRL OP(MD) No.15583 of 2011 Date :29/11/2011 TR : 02.12.2011: 2p/6c https://hcservices.ecourts.gov.in/hcservices/