Kavi Bharathi v. The State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.08.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 12704 of 2020 Kavi Bharathi ... Petitioner/Accused-1 Vs.

The State Rep. by its ... Respondent/Complainant The Inspector of Police, All Women Police Station-Virudhachalam, Virudhachalam, Cuddalore District.

Crime No.8 of 2020.

Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on the bail in the event of arrest in Crime No.8 of 2020 pending on the file of the respondent. For Petitioner : M/s.Sathiyaraj E.

For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

The petitioner who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 376, 417 and 506(ii) of IPC, in Crime No.8 of 2020, seeks anticipatory bail.

2. The case of the prosecution is that totally there are three accused in this case. The petitioner arrayed as A1, A2 and A3 are parents of the petitioner. The defacto complainant on pretext of false promise made by A1 that he will marry her, she had sexual intercourse with A1. Thereafter, A1 refused to marry the defacto complainant. Hence the complaint.

3. The learned counsel for the petitioner submitted that the co-accused/A2 & A3 has been granted anticipatory bail by this Court in Crl.O.P.No.9113 of 2020 by an order dated 25.06.2020. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that A1/petitioner has committed rape on the pretext of marriage and thereafter cheated the defacto complainant. He further submitted that there is no change of circumstances. Hence, he vehemently opposed the grant of bail to the petitioners. 5.Considering the facts and circumstances of the case and the fact that there is no change in circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition is dismissed.

-sd/- 27/08/2020 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, VIRUDHACHALAM, VIRUDHACHALAM, CUDDALORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.SATHIYARAJ E. Advocate on payment of necessary charges CRL OP.12704/2020 Date :27/08/2020 TA-21/09/2020 https://hcservices.ecourts.gov.in/hcservices/