BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.13629 of 2011 1 S.JEGAN @ JENYANDRAN 2 S.DIVAKAR @ DINAKARAN 3 S.SATHISH 4 DHAMU @ DHAMOTHARAN ... PETITIONERS / ACCUSED 1 to 4 Vs THE STATE REP. BY THE INSPECTOR OF POLICE THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT. ( CRIME NO.217 OF 2011 ) ... RESPONDENT / COMPLAINANT For Petitioner : M/S. M.VINOTH SINGHMISRA Advocate For Respondent : M/S. 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 offences under Sections 294(b) and 363 I.P.C. in Crime No.217 of 2011 on the file of the respondent police, the petitioners have come up with this petition seeking anticipatory bail. 2. According to the case of prosecution, the victim girl by name Shifana Parveen aged 18 years was abducted by these petitioners. 3. The learned counsel appearing for the petitioners would submit that the victim girl was not at all abducted by the petitioner. It is a matter of fact that the victim girl went out from her parental home on her own volition. 4. Today the Inspector of Police, who is investigating the case is present in Court and produced the case diary. According to him, the victim girl appeared on 14.10.2011 and made a statement stating that she is aged more than 19 years and she was not abducted by anybody. She further stated that on her own volition, he went to Tiruppur and stayed with one Maheswari. The Inspector of Police would further submit that the victim girl was produced before the learned Judicial Magistrate, Thiruvaiyaru, wherein also she gave statement and produced her School Certificate showing her date of https://hcservices.ecourts.gov.in/hcservices/ birth as 12.07.1988. 5. In view of the above, I find that there is no prima facie case against the petitioners either for the offence under Section 294(b) I.P.C or under Section 363 I.P.C. The statement made by the victim girl needs consideration. In view of the same, I am inclined to grant anticipatory bail to the petitioners but with conditions. 6. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance before the learned Judicial Magistrate, Thiruvaiyaru, on executing separate 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 for interrogation. The petitioners shall comply with the condition stipulated under section 438 Cr.P.C. scrupulously. sd/- 04/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE THIRUVAIYARU 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE THANJAVUR AT KUMBAKONAM 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT. +1. CC to M/S. D.SELVANAYAGAM Advocate SR.No.38065 ORDER IN CRL OP(MD) No.13629 of 2011 Date :04/11/2011 SMA/08.11.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/