Anjalai v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighteenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.14681 of 2021 1 ANJALAI [ PETITIONERS / ACCUSED ] 2 MANICKKAVEL 3 SHALINI 4 MURUGAIYAN 5 MANJULA 6 SARIDHA 7 KUPPUSAMY 8 ANJALAI 9 LAKSHMI Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUVANNAMALAI, THIRUVANNAMALAI DISTRICT (CR NO. 15/2021) For Petitioner : M/S.S.SILAMBU SELVAN Advocate For Respondent : MR.C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police 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 anticipatory bail.

2. The case of the prosecution is that A1 and the defacto complainant loved each other and the first accused had sexual intercourse with the defacto complainant on the promise that he would marry her. Subsequently, the victim has become pregnant. Further, A1 had already married the third petitioner. Thereafter, A1 had refused

to marry the defacto complainant. Further, the petitioners along with A1 had abused the defacto complainant and threatened with dire consequences. Hence, a case has been registered against the petitioners.

3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) submits that the first and second petitioners are the father and mother of A1, third petitioner is the wife of A1, the fourth and fifth petitioners are the parents of the third petitioner, the sixth petitioner is the sister of A1, the seventh petitioner is the uncle of A1. He further submits that the petitioners had abused the defaco complainant in filthy language and accompanied with A1. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners.

5. This Court had perused the FIR. which reveals that A1 had sexual intercourse with the defacto complainant by suppressing earlier marriage and the petitioners have abused in filthy language and tried to attacked her.

6.Considering the fact that the petitioners have involved in very serious offence, this Court is not inclined to grant anticipatory bail to the petitioners.

7.Accordingly, this Criminal Original Petition is dismissed. -sd/- 18/08/2021 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 INSPECTOR OFPOLICE, ALL WOMEN POLICE STATION, THIRUVANNAMALAI, THIRUVANNAMALAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.SILAMBU SELVAN Advocate on payment of necessary charges CRL OP.14681/2021 Date :18/08/2021 CSK 13/09/2021