Madras High CourtCRL OP/10849/2021dismissed

Deivanayagam v. State Rep By

2021-07-01Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the First day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.10849 of 2021 DEIVANAYAGAM [ PETITIONER / ACCUSED ] Vs STATE REP BY.

[ RESPONDENT ] THE INSPECTOR OF POLICE, AWPS-PANRUTI, CR.NO.08 OF 2021.

For Petitioner : M/S.N.SHYLLAPPA KALYAN Advocate For Respondent : MR. A. GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested on 13.04.2021 and remanded to judicial custody for the offences under Sections 9(1), 10 of POCSO Act and Sections 417, 376, 506(1) of IPC, in Crime No.08 of 2021 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioner and the victim girl loved each other, however, due to family problem of the petitioner, he refused to marry her. Thereafter, the victim girl got married with another person. The husband of the victim girl came to know about the earlier love affair of the victim girl and she was driven out from the matrimonial home. Coming to knowledge about the matrimonial dispute, the petitioner contacted the victim girl to renew his relationship and the petitioner had sexual intercourse with the victim girl on the promise that he would marry her. Subsequently, the petitioner refused to marry her. Hence, a case has been registered against the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and the petitioner has been in jail from 13.04.2021. Therefore, he prays to grant bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that the petitioner and the victim girl loved each other and the petitioner had sexual intercourse with the victim girl on the promise that he would marry her. Subsequently, the petitioner refused to marry her. He further submits that the investigation is still pending. Hence, he vehemently opposed for grant of bail to the petitioner.

5.Considering the fact that the investigation is still pending and the petitioner has involved in very serious offence, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 01/07/2021 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, AWPS-PANRUTI, 2 THE SUPERINTENDENT, CENTRAL JAIL, CUDDALORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.N.SHYLLAPPA KALYAN Advocate on payment of necessary charges CRL OP.10849/2021 Date :01/07/2021 INBA 15/07/2021 https://hcservices.ecourts.gov.in/hcservices/