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Madras High CourtCRL OP/1550/2023dismissed

Mohamed v. Inspector Of Police

2023-02-27Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.1550 of 2023 Crl.O.P.No.1550 of 2023 T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 417 of IPC and Section 4 of the Tamil Nadu Prohibition of Forcible Conversion of Religion Act, 2002 @ Sections 417, 376 of IPC and Section 4 Tamil Nadu Prohibition of Forcible Conversion of Religion Act, 2002, in Crime No.09 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and the de-facto complainant loved each other during their college days. Thereafter, the petitioner went to Dubai for work and promised the de-facto complainant that he will marry her after returning to India. However, the de-facto complainant came to know that the petitioner was about to marry another person. When the de-facto complainant approached the parents of the petitioner, they informed the de-facto complainant that they would allow the petitioner to marry her if she converts herself to Islam. Hence, the complaint.

3.When the matter is taken up for hearing today, the learned counsel appearing for the de-facto complainant submitted that during the pendency of the mediation proceedings, the petitioner got married and the same was reported before the mediation contrary to the submission made before this Court. The learned counsel for the petitioner also admits that the petitioner got married. https://www.mhc.tn.gov.in/judis

Crl.O.P.No.1550 of 2023 T.V.THAMILSELVI,J.

sp 4.On the earlier occasion, when the matter was taken up, on considering the fact that the petitioner and the de-facto complainant loved each other and the dispute between the parties arises with regard to marriage, this Court has referred the matter to the mediation in order to solve the issue between the parties. However, the petitioner did not appear before the mediation, instead of that, he got married, which shows that he is not co-operating for the investigation. On seeing the conduct of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

5.Accordingly, this Criminal Original Petition is dismissed. 27.02.2023 sp Crl.O.P.No.1550 of 2023 https://www.mhc.tn.gov.in/judis