High CourtsSingle Bench(2024) 04 MAD CK 0218

Patturaj And Others vs Inspector Of Police

Madras High Court · Decided on 23 April 2024

HON’BLE JUDGES
B.Pugalendhi, J
CASE NUMBER
Criminal Miscellaneous Petition (MD) No. 6173, 6167 Of 2024

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Judgment

18 paragraphs · 613 words

B.Pugalendhi, J

1.

The respondent police registered a case as against these petitioners in Crime No.98 of 2024 for the offence under Section 366 IPC and remanded the first accused/petitioner in Crl.O.P.(MD)No.6173 of 2024 into judicial custody on 04.04.2024. Therefore, A1 has filed Crl.O.P.(MD)No.6173 of 2024 seeking bail. A2 and A3 have filed Crl.O.P.(MD)No.6167 of 2024 seeking anticipatory bail.

2.

The first accused is the son of the accused Nos.2 and 3. The sister of the first accused, by name, Pattulakshmi and the defacto complainant loved each other and the accused Nos.2 and 3, being the parents of the said Pattulakshmi objected the same. Therefore, the defacto complainant and the said Pattulakshmi married without the consent of A2 and A3 on 11.03.2024. Thereafter, A3, the mother of the said Pattulakshmi called her over phone and asked her to come to a temple. On 24.03.2024, the said Pattulakshmi came to the temple and at that time, the accused persons have abducted the said Pattulakshmi. Hence, the complaint.

3.

The learned Senior Counsel appearing for the petitioners submits that the victim girl was secured and the victim girl is now living with her husband. Therefore, he prays for grant of bail to A1 and anticipatory bail to A2 and A3.

4.

The learned Additional Public Prosecutor has also confirmed the said submission.

5.

Considering the nature of offence and also considering the fact that the victim girl was secured and the victim girl is now living with her husband, this Court is inclined to grant bail to A1 and anticipatory bail to A2 and A3.

6.

Accordingly, both the Criminal Original Petitions are ordered. The petitioner in Crl.O.P.(MD)No.6173 of 2024/A1 is ordered to be released on bail

i) on the petitioner executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Sankarankovil, Tenkasi District.

ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;

iii) The petitioner shall appear before the respondent police as and when required for interrogation. He has to co-operate for the investigation.

iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well.

v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail.

7.

The petitioners in Crl.O.P.(MD)No.6167 of 2024/A2 and A3 are ordered to be released on bail in the event of their arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate on condition that

(i) the petitioners execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand)each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Sankarankoil, Tenkasi District.

(ii) The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;

(iii) The petitioners shall appear before the respondent police as and when required for interrogation. They have to co-operate for the investigation.

(iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses.

(v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail.