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Madras High CourtCRL OP/11115/2022dismissed

Santosh v. State Rep By

2022-05-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11115 of 2022 SANTOSH [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE STATION HOUSE OFFICER, BAHOUR POLICE STATION, PUDUCHERRY.

(CRIME NO.38/2022) For Petitioner : M/S. A.TAMILVANAN Advocate For Respondent : MR.V.BALAMURUGANE, Additional Public Prosecutor for Puducherry, 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 376, 417, 294(b), 506(ii) of IPC in Crime No.38 of 2022, on the file of respondent police seeks anticipatory bail.

2. The case of the prosecution is that the petitioner on the pretext of marriage, had physical relationship with the victim girl repeatedly. Thereafter, he refused to marry the victim girl on the pretext that her conduct is bad.

3. Learned counsel appearing for the petitioner would submit that the petitioner had physical relationship with the victim girl in the year 2020 and thereafter the victim girl arranged marriage with other person and due to her bad conduct, the said marriage was also stopped by the person, who have got engaged with the victim girl. Due to bad conduct, the petitioner refused to marry victim girl. Hence, he prays to grant anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. Learned Additional Public Prosecutor (Pondicherry) appearing for respondent would submit that the petitioner had physical relationship with the victim girl in the year 2020 and he continued his physical relationship with the victim girl on the pretext of marriage. In fact, the victim girl attempted to commit suicide, since the petitioner refused to marry her. Therefore, the petitioner has committed very serious offence to the victim girl and he is now throwing mud on the victim girl as if she has bad conduct. Only because of the petitioner the entire life of the victim girl has been spoiled. Hence, the custody of the petitioner is very much required as he has committed a serious offence and he vehemently opposed to grant anticipatory bail to the petitioner.

4. Considering the above facts and circumstances, this Court is not inclined to grant Anticipatory Bail to the petitioner. Accordingly, this criminal original petition is dismissed. -sd/- 18/05/2022 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 STATION HOUSE OFFICER, BAHOUR POLICE STATION, PUDUCHERRY.

2 THE PUBLIC PROSECUTOR PUDUCHERRY.

CC to M/S. A.TAMILVANAN Advocate on payment of necessary charges CRL OP.11115/2022 Date :18/05/2022 TA-25/05/2022 https://hcservices.ecourts.gov.in/hcservices/