Allowed

Manikandan v. the Sub-Inspector of Police

Madras HC16 Sept 2014CRL OP(MD)/16440/2014

Case brief

AI extract

What is this about?

This order grants anticipatory bail to three accused facing charges of abduction under Section 366 IPC. The court noted the victims were major and the relationship appeared consensual. Bail was granted subject to executing a bond and appearing before the Magistrate within 15 days.

What did the court decide?

Accused released on bail upon arrest appearance, execution of bond for Rs.10,000/- with two sureties, and appearance before Magistrate within 15 days.

Manikandan Vs the Sub-Inspector of Police — Child Sexual Offences (POCSO) | Madras HC (2014)

¶1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

¶2

Tuesday, the Sixteenth day of September Two Thousand Fourteen PRESENT

¶3

The Hon`ble Mr Justice K.KALYANASUNDARAM

¶4

CRL OP(MD) No.16440 of 2014

¶5

1 MANIKANDAN 2 MURUGAN 3 POOMANI ... PETITIONERS / ACCUSED Nos.1 to 3

¶6

THE STATE REP.BY

¶7

THE SUB-INSPECTOR OF POLICE, B3 AVANIAPURAM POLICE STATION, MADURAI DISTRICT. CRIME NO.745 OF 2014 ... RESPONDENT / COMPLAINANT

¶8

For Petitioner : M/S.G.MARIMUTHU, Advocate

¶9

For Respondent : M/S.K.ANBARASAN, Government Advocate(Crl.Side)

¶10

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

¶11

ORDER : The Court Made the following order :-

¶12

The petitioners, who are arrayed as A1 to A3, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 366 of IPC., in Crime No.745 of 2014, on the file of the respondent police and hence, seek anticipatory bail.

¶13

2.The prosecution case is that the accused had kidnapped the daughter of the defacto complainant on 26.08.2014.

¶14

The learned counsel for the petitioners submitted that the 1^st petitioner and the daughter of the defacto complainant fell in love with each other and they got married on 28.06.2014 at Thangavinayagar Thirukoil, Thiruthangal. The learned counsel further submitted that the daughter of the defacto complainant is a major and on her own volition, she came out from the house of the defacto complainant and joined with the first accused. It is further submitted that the first accused and the defcto complainant had appeared before the the learned Judicial Magistrate No.VI, https://hcservices.ecourts.gov.in/hcservices/ Madurai and the learned Magistrate has also recorded the statement of the alleged victim.

¶15

The learned Government Advocate (crl.side) for the respondent submitted that the victim is secured and this is a case of love affairs.

¶16

Considering the facts and circumstances of the case, I am inclined to enlarge the petitioners on anticipatory bail, with certain conditions.

¶17

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.VI, Madurai and on each of them executing a 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 appear before the respondent police, as and when required, for interrogation. The petitioners shall comply with the condition stipulated under Section 438 of Cr.P.C. scrupulously.

¶18

7.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready failing which, the petition for anticipatory bail stands dismissed.

¶19

sd/-

¶20

16/09/2014

¶21

/ TRUE COPY /

¶22

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,

¶23

Madurai - 625 023.

¶24

¶25

1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

¶26

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

¶27

3 THE ADDITIONAL PUBLIC PROSECUTOR,

¶28

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

¶29

4 THE SUB-INSPECTOR OF POLICE, B3 AVANIAPURAM POLICE STATION, MADURAI DISTRICT.

¶30

+1. CC to M/S.G.MARIMUTHU Advocate SR.No.52427.

¶31

ORDER IN

¶32

https://hcservices.ecourts.gov.in/hcservices/ CRL OP(MD) No.16440 of 2014 msm 18.09.2014 p2/6c Date :16/09/2014

Manikandan v. the Sub-Inspector of Police

Case brief

What is this about?

What did the court decide?

Manikandan v. the Sub-Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

R. Murugesan Vs the Inspector of Police

S.J.Cephas Jackwin Vs the Inspector of Police

G.Prakash Vs the Inspector of Police

Thangamani Vs the Inspector of Police

Manikandan Vs the Inspector of Police

Kuppayammal Vs the Inspector of Police