Madras High CourtCRL OP/15401/2021granted

Elumalai v. State By

2021-08-26Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15401 of 2021 ELUMALAI [ PETITIONER / ACCUSED ] Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUVANNAMALAI, THIRUVANNAMALAI DISTRICT.

CRIME NO.15 OF 2021.

For Petitioner : M/S. S.SILAMBUSELVAN 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 21.07.2021 and remanded to judicial custody for the alleged offences punishable under Sections 294(b), 323, 417, 376(2)(n), 494, 506(ii) of IPC, r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.15 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that there was a love affair between the petitioner and the victim girl, on a false promise to marry her. thereafter, the petitioner had made sexually assaulted on the victim girl. Thereafter, the petitioner had refused to marry her. Hence, the complaint.

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3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offences and he has been falsely implicated in this case. He further submits that the petitioner has been in jail from 21.07.2021. Hence he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that there was a love affair between the petitioner and the victim girl, on a false promise to marry her. thereafter, the petitioner had made sexually assaulted on the victim girl. Thereafter, the petitioner had refused to marry her. He further submits that there is serious allegation made against the petitioner. Hence, he vehemently opposed for grant of bail to the petitioner.

5. This Court is of the view that on perusal of the FIR, there is serious allegation made against the petitioner and considering the gravity of offence, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 26/08/2021 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 SUPERINTENDENT, CENTRAL PRISON, VELLORE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUVANNAMALAI, THIRUVANNAMALAI DISTRICT.

CC to M/S. S.SILAMBUSELVAN Advocate on payment of necessary charges CRL OP.15401/2021 Date :26/08/2021 RW 20/09/2021 https://hcservices.ecourts.gov.in/hcservices/