Madras High CourtCRL OP/1851/2022dismissed

M.Parthiban v. State Rep By

2022-01-28Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Eighth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.1851 of 2022 M.PARTHIBAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PALLADAM, TIRUPPUR DISTRICT (CRIME NO.10/2021) For Petitioner : M/S C.PRAKASAM Advocate For Respondent : MR. N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Section 417, 376, 294(b) and 506(i) of IPC in Cr.No.10 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner in love affair with the defacto complainant and on the false promise of marriying her, he had sexual relationship with her, following which, the defacto complainant became pregnant and subsequently, the pregnancy was aborted. Thereafter,the petitioner refused to marry her. 3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. Hence prays for grant of anticipatory bail.

4.The learned Government Advocate (Crl.Side) submits that the petitioner by giving false promise to marry the defacto complainant, had physical relationship with her, due to which, she became pregnant and subsequently, the foetus was aborted and thereafter, the petitioner refused to marry her stating that she is having love affair with some other person.

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5. Considering the facts and circumstances of the case and also the fact that the victim was aborted due to the petitioner, but the petitioner refused to marry her, this court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 28/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PALLADAM, TIRUPPUR DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S C.PRAKASAM Advocate on payment of necessary charges CRL OP.1851/2022 Date :28/01/2022 RVR 09/02/2022 https://hcservices.ecourts.gov.in/hcservices/