N.Kannan v. The State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :11.11.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.17291of 2020 N.Kannan ... Petitioner Vs.

The State represened by The Inspector of Police W-21 All Woman Police Station, Industrial Estate, Guindy, Chennai-600 032 ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner/accused an anticipatory bail in the event of his arrest in Crime No.15 of 2020 pending investigation on the file of the respondent police.

For Petitioner : Mr.G.Shaikh Mehrunisa For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 376, 406, 417, 506(i) IPC in Crime No.15 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that the petitioner had induced the defacto complainant on the false promise of marrying her and had physical affair with her and had also taken videos of the intimate moment. The further allegation is that now the petitioner is threatening the defacto complainant to continue the relationship with him or else he would upload the videos in the social media. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. She would submit that the case of a consensual affair has been projected as a case of rape. Hence, he prays for grant of anticipatory bail.

4.The learned Additional public Prosecutor would vehemently oppose that the petitioner is a married man and induced the defacto complainant on the false promise of marrying her, had physical https://hcservices.ecourts.gov.in/hcservices/

affair with her and had also taken the videographs of the intimate moment. On coming to know about the fact that the petitioner is a married man, the defacto complainant wanted to get away from the relationship. Whereas, the petitioner started to threaten her stating that he will uploaded the videos in the Social Media if she does not continue the relationship.

5.Taken into consideration the nature of offence, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed. -sd/- 11/11/2020 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 ADDITIONAL MAHILA COURT, ALANDUR, CHENNAI - 600 016.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, W-21 ALL WOMAN POLICE STATION, INDUSTRIAL ESTATE, GUINDY, CHENNAI-32.

CC to M/S. SHAIKH MEHRUNISA Advocate on payment of necessary charges CRL OP.17291/2020 Date :11/11/2020 RVR 02/12/2020 https://hcservices.ecourts.gov.in/hcservices/