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Madras High CourtCRL OP/24662/2017dismissed

Mr.Saravanan, M/A 32 Years, v. The State Rep By Its,

2017-11-22Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Second day of November Two Thousand Seventeen PRESENT The Hon`ble Mr Justice P. N. PRAKASH CRIMINAL ORIGINAL PETITION No.24662 & 24785 of 2017 SARAVANAN [ PETITIONER / ACCUSED IN BOTH THE PETITIONS ] Vs THE STATE REP BY ITS, [ RESPONDENT THE INSPECTOR OF POLICE, IN BOTH THE PETITIONS ] W-14 ALL WOMEN POLICE STATION, THIRUVOTTIYUR, CHENNAI-600 019.

CR.NO.3 & 2 OF 2017.

For Petitioner : M/S.S.MANIMARAN Advocate [IN BOTH THE PETITIONS] For Respondent : MR. K.MATHAN, Govt. Advocate ( Crl. Side) [IN BOTH THE PETITIONS] 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 alleged offences punishable under sections 417 and 420 IPC in Crime Nos.2 & 3 of 2017 on the file of the respondent police, seeks anticipatory bail.

2. On the complaint lodged by Umamaheswari, the respondent police have registered a case in Crime No.3 of 2017 on 21.03.2017 under Sections 417 and 420 IPC. It is the case of Umamaheswari that she was working as a teacher along with the petitioner in Kalaimagal School, Tondairpet and they were in love with each other. It is further alleged that the petitioner on the premise of marrying Umamaheswari, had physical relationship with her. Thereafter, it is alleged that he married her in Vadivudai Amman temple, Thiruvottiyur on 17.03.2017. After having married her, he wanted to marry Sophia and therefore, Umamaheswari had given the present complaint. While so, Sophia has given a complaint against Saravanan and Umamaheshwari based on which a case in Crime No.2 of 2017 has been registered on 21.03.2017 under Sections 417 and 420 of IPC. It is the case of Sophia that Saravanan had married her on 12.03.2017 and thereafter, he is intending to marry Umamaheswari. Thus there are 2 FIRs against Saravanan.

3. At the instance of this Court, both Sophia and Umamaheswari are present before this Court. This Court perused the case diary and found that there are photographs showing Saravanan garlanding Umamaheswari in Vadivudai Amman Temple. Learned counsel for the petitioner also produced photographs to show that Saravanan is garlanding Sophia in Puthukovil at Athipattu. However, learned counsel for the petitioner produced a Marriage Certificate dated 12.03.2017 purported to be registered in the office of Chennai North, Joint I on 12.05.2017, in which it is stated that the Saravanan and Sophia got married at Gilgal assembly on 12.05.2017 under Christian laws.

Thus, on the face of it, this certificate does not inspire the confidence of this Court inasmuch the photographs shows that Saravanan is a Hindu and that he is tying Thali for Sophia in a Hindu Temple, but whereas the Certificate shows that the marriage has been solemnized in a Church. In such view of the matter, this Court is not inclined to show indulgence to Saravanan and grant anticipatory bail to him These petitions are devoid of merits and the same are dismissed. -sd/- 22/11/2017 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE INSPECTOR OF POLICE, W-14 ALL WOMEN POLICE STATION, THIRUVOTTIYUR, CHENNAI.

+2CC to M/S.S.MANIMARAN Advocate on payment of necessary charges SR NO.21396 CRL OP.24662 & 24785 OF 2017 Date :22/11/2017 MK:28/11/2017