Vetrivel v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/11/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN

1.Vetrivel

2.Kavitha

... Petitioners/Accused Nos.2 and 3 Vs State, rep by The Inspector of Police, Koodankulam Police Station, Tirunelveli District. (Crime No.526 of 2023.) ... Respondent / Complainant

For Petitioners : Mr.V.Vijayendiran, Advocate.

For Respondent : Mr.RMS.Sethuraman,

Additional Public Prosecutor. PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.526 of 2023 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioners/Accused Nos.2 and 3, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 294(b), 354C, 506(ii) I.P.C., r/w. Section 67 of Information Technology Act, 2000, in Crime No.526 of 2023 on the file of the respondent Police, seek anticipatory bail.

¶2The case of the prosecution is that the first accused captured the image of the victim, by giving a false promise that he will marry her and shared the images into the social media. Hence, the case.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent and they are parents of the first accused. So, they have been falsely implicated in this case.

¶4Only based upon the fact that the petitioners are the parents of the first accused, they have been implicated in this case. Further, CD file does not indicate the participation of the petitioners. Only the bald allegation is made againt them as if when the defacto complainant approached these petitioners, making allegation against the first accused, they misbehaved with the victim in an indifferent manner.

¶5Considering the limited role played by the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

¶6Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Rathapuram, Tirunelveli District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent Police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

¶7The petitioners 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/-

08/11/2023

/ TRUE COPY /

/11/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. INDU To

1.The Judicial Magistrate, Radhapuram, Tirunelveli District.

2.Do through the Chief Judicial Magistrate, Tirunelveli District.

3.The Inspector of Police, Koodankulam Police Station, Tirunelveli District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.20132 of 2023 Date :08/11/2023 ED/DD/SAR- (16/11/2023) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023