BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of December Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE V.PERIYA KARUPPIAH CRL OP(MD) No.15678 of 2011 1 VELLUSAMY 2 KADAL 3 GANESHNAN ... PETITIONERS/ACCUSED 2 TO 4 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE SETHUR POLICE STATION, VIRUDHUNAGAR DISTRICT. CRIME NO.362/2011 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.R.ALAGUMANI ADVOCATE FOR RESPONDENT : MR.K.S.DURAIPANDIAN GOVT. ADVOCATE ( CRL. SIDE) PETITION FOR ANTICIPATORY BAIL UNDER SEC. 438 CR.P.C. ORDER : THE COURT MADE THE FOLLOWING ORDER :- Apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 417, 376 r/w 109 of I.P.C in Crime Number 362 of 2011 on the file of the respondent police, the petitioners/accused Nos.2 to 4 have approached this Court for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the State. 3.According to the learned counsel for the petitioners, the petitioners are said to have abetted the first accused not to marry the victim girl. He would further submit that the said accusation made against them is not correct and there is no offence committed by them except they are the father and brothers of the first accused. He would also submit that they are ready to abide any conditions, if anticipatory bail is granted. 4.According to the learned Additional Public Prosecutor, investigation is pending and the first accused is in judicial custody and if for any reason, this Court is inclined to grant anticipatory bail to the petitioners, suitable conditions may be imposed. 5.Considering the submissions made by both sides, I could see that there is no abetment in respect of the main crime and the accusation is only fir 2 an abetment in respect of the refusal to marry the victim girl by the first accused. No doubt, the petitioners are father and brothers of A-1 and there is no serious offence said to have been committed by them. Therefore, this Court is inclined to grant anticipatory bail to the petitioners. https://hcservices.ecourts.gov.in/hcservices/ 6.Accordingly, the petitioners are granted anticipatory bail in the event of arrest or on their appearance before the concerned Judicial Magistrate and on each executing a bond with two sureties for Rs.10,000/- (Rupees Ten Thousand Only) to the satisfaction of the learned Judicial Magistrate, Rajapalayam and on further condition that the petitioners shall report before the respondent police every day at 10.30 a.m until further orders; and the petitioners shall appear before the concerned Magistrate within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. sd/- 01/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, RAJAPALAYAM. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, SRIVILLIPUTHUR AT VIRUDHUNAGAR. 3 THE INSPECTOR OF POLICE, SETHUR POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC TO M/S.R.ALAGUMANI, ADVOCATE SR.NO.42321. ORDER IN CRL OP(MD) No.15678 of 2011 Date :01/12/2011 2P/6C RPB : 07.12.2011 https://hcservices.ecourts.gov.in/hcservices/