Anbarasan v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twentieth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14041 of 2022 ANBARASAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, GUINDY, CHENNAI.

(CRIME NO.21/2021) For Petitioner : M/S.B.GOPALAKRISHNAN Advocate For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor, PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 20.05.2022 for the offences punishable under Sections 417 and 420 of IPC altered into Sections 417 and 376 of IPC in crime No.21 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner fell in love with the victim girl and thereafter, he had physical relationship with her on the pretext of marriage. Thereafter, he refused to marry the victim girl.

3. The learned counsel for the petitioner would submit that when the petitioner along with his parents went to the house of the defacto complainant, where they were beaten by the defacto complainant and her family members with chappal. He would further submit that the petitioner had never physical relationship with the victim girl. He also pointed out that however in the FIR, it is stated as if he had physical relationship with the victim girl and https://hcservices.ecourts.gov.in/hcservices/

thereafter cheated the defacto complainant. Hence, he prays for grant of bail to the petitioner.

4. The Additional Public Prosecutor appearing for the respondent police would submit that the petitioner fell in love with the victim girl and thereafter, he had physical relationship with her on the pretext of marriage. When the victim girl asked to marry her, he refused to marry the victim girl.

5. On perusal of the FIR and also the statement, the petitioner fell in love with the victim girl for the past several years and had physical relationship with the victim girl. When the victim girl asked the petitioner to marry her, he was roaming along with other girls and refused to marry the victim girl. Therefore, the present complaint has been lodged and altered for the offence into Sections 417 and 376 of IPC. Now the petitioner is not ready and willing to marry the victim girl.

6. Considering that the petitioner has committed very serious and heinous offence as against the victim girl, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed.

-sd/- 20/06/2022 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, GUINDY, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

CC to M/S.B.GOPALAKRISHNAN Advocate on payment of necessary charges CRL OP.14041/2022 Date :20/06/2022 TA-24/06/2022 https://hcservices.ecourts.gov.in/hcservices/