Andrews Cardwell v. The Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 13.01.2023 for the offences punishable under Sections 376, 354, 406 of IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.112 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had cheated and transmitted the obscene material against the defacto complainant. Hence, the complaint.

3. Learned counsel for the petitioner submitted that this is the second bail petition, and this Court had earlier dismissed the bail application filed by the petitioner in Crl.OP.No.2400 of 2023 vide order dated 07.02.2023. He further submits that he is ready and willing to abide any condition that may be imposed by this Court and he also undertakes to produce sufficient solvent sureties for him and he has been suffering incarceration from 13.01.2023. Hence, he prays to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) submitted that the petitioner is arrayed as A1 and he was a Sub Inspector of Police living together with the victim and she got pregnant but the petitioner avoided to marry her and also threatened her and extort money from her. He further submits that the petitioner was suspended from his service, Hence, he vehemently opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

6.Taking into consideration the facts and circumstances of the case, the submissions made by the learned Government Advocate (Crl.Side) and taking note of the gravity and nature of the offence and also considering the fact that there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed.

02.03.20 drl Note : Issue Order Copy on 03.03.2023

T.V.THAMILSELVI, J.

drl 02.03.2023