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Madras High CourtCRL OP/14843/2022dismissed

Sri Sai Saran @ Ra Shri Shaicharan v. The Sub Inspector Of Police

2022-07-05Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.OP.No. 14843 of 2022 Crl.O.P.No. 14843 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 417 and 420 of IPC in Crime No.12 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner, under the pretext of marriage, had physical relationship with victim girl on several occasions. In fact, the defacto complainant got pregnant due to their relationship and thereafter on the assurances given by the petitioner, the defacto complainant aborted her pregnancy. Even then, the petitioner refused to marry her and left her in lurch. Hence, the complaint.

3. This Court directed the petitioner as well as the victim to appear before this Court. Both appeared today and the victim deposed that the petitioner fell in love with victim and the pretext of marriage, he had physical relationship on several occasions. Thereafter, the victim has also printed the marriage invitation. However, the petitioner refused to marry the victim. https://www.mhc.tn.gov.in/judis

Crl.OP.No. 14843 of 2022 G.K.ILANTHIRAIYAN, J.

4. The petitioner deposed before this Court, after their relationship when they are about to marry, the parents of the victim and others compelled him not to marry the victim. However, he admitted that he had physical relationship on the pretext of marriage, in fact, she got pregnant and only on the instructions of the petitioner, the victim aborted the pregnancy.

5. In the opinion of this Court, now, the petitioner is giving false reasons only to refuse to marry the victim. By having physical relationship with victim, on the pretext of marriage, the petitioner had committed a very serious and heinous offence as against the victim.

6. Considering the above circumstances and also taking note of the fact that the petitioner had committed a very serious and heinous offence as against the victim, custodial interrogation of the petitioner is very much required and hence, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 05.07.2022 Lpp Crl.O.P.No. 14843 of 2022 https://www.mhc.tn.gov.in/judis