CRL OP(MD). No.5746 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 29/03/2022

PRESENT

The Hon`ble Mr.Justice K.MURALI SHANKAR

CRL OP(MD). No.5746 of 2022

Selvam ... Petitioner/Accused No.1

Vs

The State represented by

The Inspector of Police,

Panavadalichatram Poilce Station,

Tirunelveli.

(Crime No. 190 of 2021). ... Respondent/Complainant

For Petitioner : Mr.Shyllappa Kalyan.N,

Advocate.

For Respondent : Mr.R.Sivakumar,

Government Advocate (Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C.

PRAYER :-

For Anticipatory Bail in Crime No.190 of 2021 on the file of

the respondent Police.

ORDER : The Court made the following order :-

The petitioner/Accused, who apprehends arrest at the hands of the

respondent police for the offence punishable under Section 366 IPC,

in Crime No.190 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with

other accused kidnapped the victim girl and on the next day, dropped

her in the bus stand. The respondent Police have secured the victim

girl and registered the case.

3.The learned counsel for the petitioner would submit that the

petitioner is innocent and he has not committed any offence as

alleged by the prosecution. He would further submit that the

petitioner and the victim girl were on love and on the date of her

birth day, she had accompanied the petitioner.

4. The learned Government Advocate (Criminal Side) appearing

for the State would submit that the victim girl is aged 17 years and

that the petitioner with the help of his friends kidnapped the

victim girl. He would further submit that the accused 2 and 3 were

already granted anticipatory bail by this Court in Crl.OP(MD)No.3671

of 2022.

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CRL OP(MD). No.5746 of 2022

5.Considering the facts and circumstances of the case and also

the fact that the investigation is almost completed as stated by the

learned Government Advocate (Criminal Side), that the co-accused

were already granted anticipatory bail by this Court and that the

petitioner is not having any bad antecedents, this Court is inclined

to grant anticipatory bail to the petitioner with certain

conditions.

6. Accordingly, the petitioner is ordered to be released on bail

in the event of her arrest or her appearance, within a period of

fifteen days from the date of receipt of a copy of this order,

before the learned Principal Sessions Judge, Tirunelveli, on

condition that the petitioner shall execute a bond for a sum of

Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties,

each for a like sum to the satisfaction of the respondent Police or

to the Police Officer, who intends to arrest or to the satisfaction

of the learned Magistrate concerned and on further conditions that:

a)the petitioner and the sureties shall affix their

photographs and left thumb impression in the surety bond and the

Magistrate may obtain a copy of their Aadhar card or Bank pass Book

to ensure their identity;

(b)the petitioner shall report before the respondent police

daily at 10.30 am for a period of one month and thereafter, as and

when required for interrogation.

(c)the petitioner shall not tamper with evidence or witness

either during investigation or trial;

(d)the petitioner shall not abscond either during investigation

or trial;

(e)on breach of any of the aforesaid conditions, the learned

Magistrate/ Trial Court is entitled to take appropriate action

against the petitioner in accordance with law as if the conditions

have been imposed and the petitioner released on bail by the learned

Magistrate/Trial Court himself as laid down by the Hon'ble Supreme

Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f)i