Maheswaran v. Station House Officer,

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest for the alleged offence under Section 376, 312, 506(ii) of IPC and r/w Section 34 of the Indian Penal Code, 1860 in Cr.No.88 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the defacto complainant had love affair for the past 10 years. The petitioner is alleged to have had physical relationship with the defacto complainant under the pretext of marriage and she has become pregnant. It is further alleged that the petitioner has aborted the foetus in the womb without defacto complainant's knowledge. Hence the complaint. 3.The learned Additional Public Prosecutor appearing for the respondent would submit that this is the second anticipatory bail petition filed by the petitioner. When the earlier Crl.O.P.No.22078 of 2022 was taken up this Court has refers the matter before the Mediation Centre. Further, the petitioner had not appeared before the Mediation Centre. 1/3

Subsequently, the matter was listed before this Court on 22.12.2022 and that time there was no representation for the petitioner and hence, that petition was dismissed. Hence, he opposed to grant anticipatory bail to the petitioner.

4.Considering the submissions made by the learned Additional Public Prosecutor that the defacto complainant have been in love affair when the past 10 years, both of them having sexual intercourse, and when the defacto complainant conceived a baby, the petitioner had aborted the baby on 27.05.2022 without the defacto complainant's knowledge, this Court is not inclined to grant Anticipatory bail to the petitioner.

5. Accordingly, this Criminal Original Petition is dismissed. 27.01.2023 vsn 2/3

T.V.THAMILSELVI, J.

vsn 27.01.2023 3/3