Vijay v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11588 of 2022 VIJAY [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] ALL WOMEN POLICE STATION, TINDIVANAM (CRIME NO.9 OF 2022) For Petitioner : M/S.S.SATHISH RAJAN Advocate For Respondent : M/S.R.KISHORE KUMAR, 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 at the hands of the respondent police for the offences punishable under Sections 147, 417, 376, 294(b) and 506(i) of IPC in Crime No.9 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner fell in love with victim girl and on the pretext of marriage, he had physical relationship with the victim girl on several occasions. Thereafter, he refused to marry her and thereby, cheated the defacto complainant. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner fell in love with the defacto complainant and he has two sisters and only after getting marriage of his two sisters, he can marry the defacto complainant. He further submitted that the petitioner had not indulged in any physical relationship with the https://hcservices.ecourts.gov.in/hcservices/
defacto complainant as alleged by her. He further submitted that there was no explanation for the inordinate delay in lodging a complaint since the alleged occurrence took place on 08.07.2021, where as the complaint was lodged only on 27.04.2022. 4.It is seen from the FIR that the petitioner fell in love with the defacto complainant and on the pretext of marriage, the petitioner had indulged in physical relationship with the victim girl on several occasions. Thereafter, he did not keep up his promise and refused to marriage the defacto complainant and deserted her saying some other reasons. That apart, since her family members changed the defacto complainant, she is not evincing any interest to marry with the petitioner and they opposed her marriage with the petitioner. 5.
Though, the petitioner had filed this Anticipatory Bail petition, he being a person alleged to have committed an offence of rape and also cheated the defacto complainant and since the custodial interrogation is required in the present case, this Court is not inclined to grant Anticipatory Bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 19/05/2022 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 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TINDIVANAM.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.S.SATHISH RAJAN Advocate on payment of necessary charges CRL OP.11588/2022 Date :19/05/2022 RW-25/05/2022 https://hcservices.ecourts.gov.in/hcservices/