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Madras High CourtCRL OP/12605/2024dismissed

Jayaprakash v. The State Rep By

2024-06-07Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.12605 of 2024 T.V.THAMILSELVI,J.

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 11.05.2024, seeking bail in Crime No.2 of 2024 registered for the alleged offences punishable under Sections 312, 376(2)(n), 417 of IPC.

2. Learned counsel appearing for the petitioner submitted that the petitioner aged about 24 years is an innocent person and he has been falsely implicated in this case. He further submitted that there was a love affair between the petitioner and the victim minor girl and the petitioner is also ready to marry her and also he is ready to abide by any stringent conditions that may be imposed by this Court. He also submitted that the petitioner is suffering incarceration from 11.05.2024, hence, he prayed for grant of bail to the petitioner.

3. Learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner and the victim girl belong to the same village and they loved each other and the petitioner, on the promise of marrying the victim girl, had sexual intercourse with her on several occasions, due to which, she become pregnant. Thereafter, the petitioner along with his mother induced the victim girl and caused a miscarriage and thereafter, the petitioner cheated and refused to marry her. https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI,J.

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4. He further submitted that the mother of the petitioner is still absconding and the statement under Section 164 Cr.P.C has also been recorded from the victim girl, however, the investigation in this case is not yet completed and it needs a detailed investigation. Therefore, if the petitioner is released on bail at this stage, there is a possibility of him absconding and not available for further investigation and would also threaten the victim girl.

5. Taking into consideration the facts and circumstances of this case and the submissions made by the learned Government Advocate (Criminal Side) and considering the nature and gravity of the offence committed by the accused and taking note of the statement recorded from the victim girl under Section 164 Cr.P.C., this Court is not inclined to grant bail to the petitioner.

6. Accordingly, the Criminal Original Petition stands dismissed. 07.06.2024 ham Crl.O.P.No.12605 of 2024 https://www.mhc.tn.gov.in/judis