BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of May Two Thousand Eleven PRESENT The Hon`ble Mr.Justice A.SELVAM CRL OP(MD) No.6051 of 2011 THANGAPANDI ... PETITIONER / ACCUSED (rank not known) Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE JEYAMANGALAM POLICE STATION, THENI DISTRICT, (*) CRIME NO.16 OF 2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. S.PALANIVELAYUTHAM Advocate For Respondent : MR.K.MAHENDRAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- This petition has been filed praying to grant anticipatory bail in favour of the petitioner. 2. The case of the prosecution is that the petitioner has kidnapped the victim girl by name Kausalya from the place of occurrence and thereby committed an offence punishable under section 366(A) of the Indian Penal Code. 3. It is represented on the side of the petitioner that the petitioner is the husband of the victim girl and both of them have married and the petitioner has not committed the alleged offence and now he is having apprehension of arrest. Under the said circumstances, the present petition has been filed for getting anticipatory bail. 4. The learned Government Advocate (Criminal side) has submitted the entire Case Diary for the perusal of the Court and the Court has perused the same and found that the mother of the victim girl by name Poongodi as defacto complainant has lodged the complaint in question and the same has been registered in (*) Crime No.16 of 2011 under the section mentioned supra. Further, it is seen from the Case Diary that most of the witnesses have been examined. 5. As directed by this Court, the victim girl by name Kausalya has appeared before this Court and she has been enquired and represented that the petitioner has married her. https://hcservices.ecourts.gov.in/hcservices/ 6. Considering the stage of investigation and also considering the factum of marriage alleged to have been conducted between the petitioner and victim girl, this Court is of the view to grant anticipatory bail to the petitioner. 7. In fine, this petition is allowed and the petitioner is granted anticipatory bail subject to the following condition; (a) The petitioner should execute a bond to the tune of Rs.5,000/- (Rupees five thousand only) and two sureties each for the likesum to the satisfaction of the Judicial Magistrate, Periyakulam, Theni District. (b) The petitioner shall be released on bail in the event of arrest (c) The petitioner shall make him available for interrogation by any police officer as and when required. (d) The petitioner shall not indirectly or directly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to any police officer; (e) The petitioner shall not leave India without any prior permission from the Court; Sd/- 25/05/2011 (*) Amended as per the order of this Hon'ble Court dated 09.06.2011 in MP(MD)No.1 of 2011 in Crl.OP(MD)No.6051 of 2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, PERIYAKULAM, THENI DISTRICT 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT 3 THE INSPECTOR OF POLICE, JEYAMANGALAM POLICE STATION, THENI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. S.PALANIVELAYUTHAM Advocate SR.No.17945 akm/10.06.11 /2p-6c/ PAM 27.05.2011/6C/2P ORDER IN CRL OP(MD) No.6051 of 2011 Date :25/05/2011 https://hcservices.ecourts.gov.in/hcservices/