1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) Nos.12498 & 12499 of 2011 1.SHAHUL HAMEED 2.MAJITHA BEGUM 3.HUSSAIN MEERAN MYDEEN 4.NIVAS KHAN ... PETITIONERS/ACCUSED NO.2 TO 5 IN CRL.OP(MD)No.12498/2011 S.JAINULABIDEEN ... PETITIONER/ACCUSED NO.1 IN CRL.OP(MD)No.12499/2011 Vs STATE REP.BY THE INSPECTOR OF POLICE UTHAMAPALAYAM POLICE STATION, THENI DISTRICT IN CR.NO. 278 OF 2011 ... RESPONDENT/COMPLAINANT IN BOTH THE PETITIONS For Petitioner : M/S. K.MUTHUMALAI Advocate in Crl.OP(MD)No.12498/2011 M/S. G.MARIAPPAN Advocate in Crl.OP(MD)No.12499/2011 For Respondent : MR. A. RAMAR, Additional Public Prosecutor in both the petitions PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners in both the petitions apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 366 I.P.C., in Crime No.278 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2. The case of the prosecution is that one Nivedha @ Nisha, the daughter of the defacto complainant is working as a Police Constable in Tamil Nadu Police Special Battallion, Tirunelveli and on 11.09.2011, she was kidnapped by the accused with the help of his family members and friends. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The learned counsel for the petitioners would submit that the defacto complainant's daughter has embraced to Muslim religious and got married the first accused on 14.09.2011 and the same has been registered on 15.09.2011. He further submitted that the marriage was held with the full consent of the said Nivedha @ Nisha and hence, they have come forwarded with the present petition for anticipatory bail. 4. Refuting the same, the learned Additional Public Prosecutor would submit that the victim girl's father has given a complaint, on the basis only, a case has been registered against the petitioners. He further submitted that the investigation is going on and hence, he prays for the dismissal of this application. 5. The victim girl was produced by the learned counsel for the petitioners and she was enquired and she has stated that she went along with A1 on her own accord and married the first accused on 14.09.2011. 6. Considering the rival submissions made by both sides and also considering the submission of the victim girl that she went along with A1 on her own accord and married the first accused on 14.09.2011 and the same has been registered on 15.09.2011 and even though a case has been registered under Section 366 I.P.C., the victim girl is a major, I am inclined to grant anticipatory bail to the petitioners, in both the petitions, with certain conditions. 7. Accordingly, the petitioners, in both the petitions, are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate, Uthamapalayam and on executing a 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 learned Magistrate concerned and on further condition that the petitioners shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. https://hcservices.ecourts.gov.in/hcservices/ 3 8. The petitioners in both the petitions shall appear before the concerned Magistrate 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/- 20/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM 2 THE CHIEF JUDICIAL MAGISTATE, THENI 3 THE INSPECTOR OF POLICE, UTHAMAPALAYAM POLICE STATION, THENI DISTRICT 4 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. K.MUTHUMALAI Advocate SR.No.32271 +1. CC to M/S. G.MARIAPPAN Advocate SR.No.32272 ORDER IN CRL OP(MD) Nos.12498 & 12499 of 2011 Date :20/09/2011 TR : 23.09.2011: 3P/7C https://hcservices.ecourts.gov.in/hcservices/