Gokul v. The State Represented By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Gokul ... Appellant Vs.

1. The State represented by its Deputy Superintendent of Police Kancheepuram

2. Inspector of Police All Women Police Station Kancheepuram (Crime No.20 of 2024)

3. K.Kokila ... Respondents Prayer :Criminal Appeal filed under Section 14(A)(2) of SC/ST Act, to set aside the order dated 12.02.2025 in Crl.M.P.No.245 of 2025 on the file of the Principal District and Sessions Judge, Principal District and Sessions Court, Kancheepuram and enlarge the petitioner on bail in connection with Crime No.20 of 2024 on the file of the 1st respondent police.

For Appellant : Mr.S.Vinod For Respondents 1 and 2 : Mrs.G.V.Kasthuri Additional Public Prosecutor 1/5

J U D G M E N T

This Criminal Appeal has been filed by the petitioner/accused to set aside the order dated 12.02.2025 in Crl.M.P.No.245 of 2025 on the file of the Principal District and Sessions Judge, Principal District and Sessions Court, Kancheepuram and enlarge the petitioner on bail in connection with Crime No.20 of 2024 on the file of the 1st respondent police.

2. The case of the petitioner is that he was arrested and remanded to judicial custody on 05.11.2024 in connection with Crime No.20 of 2024 for the offences punishable under Sections 376(2)(n), 417 of IPC @ 376(1), 506(i) of IPC, 3(1)(r), 3(1)(s), 3(1)(w)(i), 3(1)(w)(ii), 3(2)(v), 3(2)(va) of SC/ST Act based on the complaint given by the defacto complainant/3rd respondent alleging that the petitioner under the guise of marrying her, had sexual intercourse with her due to which, the she became pregnant and subsequently, the petitioner refused to marry her and further, the petitioner and his parents scolded her in filthy language and also threatened her. Therefore, the petitioner filed a petition in Crl.M.P.No.245 of 2025 before the Principal District and Sessions Judge, 2/5

Kancheepuram seeking to enlarge him on bail, whereas the said petition was dismissed by order dated 12.02.2025. Hence, challenging the same, the present appeal is filed.

3. The learned counsel for the appellant submitted that the petitioner entered into a memo of understanding on 03.09.2024 and compromised the issue and the defacto complainant accepted to withdraw the complaint against the petitioner after receiving a sum of Rs.17 lakhs (Rs.6 lakhs in cash on 03.09.2024 and Rs.11 lakhs through cheque bearing No.000004 dated 04.09.2024, HDFC Bank, West Mambalam, Chennai).

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that now the victim has given birth to a child.

5. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2 and perused the materials available on record.

6. Since no adverse order is being passed, notice to the 3rd respondent is dispensed with.

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7. It is seen that now the victim/3rd respondent has given birth to child. Therefore, considering the serious nature of offence, this Court is not inclined to interfere with the order passed by the Sessions Judge.

8. Accordingly, this Criminal Appeal is dismissed. 05.03.2025 ksa-2 To

1. The Principal District and Sessions Court, Kancheepuram

2. The Deputy Superintendent of Police Kancheepuram

3. Inspector of Police All Women Police Station Kancheepuram

4. The Public Prosecutor, High Court of Madras.

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P.VELMURUGAN, J ksa-2 05.03.2025 5/5