Madras High CourtCRL OP/18588/2020dismissed

Parthasarathi v. The Inspector Of Police

2020-12-07Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.18588 of 2020 Parthasarathi ... Petitioner Vs.

The State rep. by

...Respondent

The Inspector of Police Muthupettai Police Station Tiruvarur District Cr.No.2355 of 2020.

Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of his arrest in Crime No.2355 of 2020 pending investigation on the file of the respondent police. For Petitioner : Mr.N.Palanivel For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 417, 493 and 506(ii) of IPC in Crime No.2355 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that as per the de-fact complainant viz., Bhavani is that the accused who is her relative, on the false promise of marrying her had sexual intercourse with her and thereafter cheated her. Later, she was also informed that the accused was trying to marry another girl.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the de-facto complainant and the petitioner are relatives. Therefore, he prays to grant anticipatory bail to the petitioner.

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4. The learned Additional Public Prosecutor vehemently opposed this petition stating that the petitioner and the de-facto complainant are relatives and that the petitioner, on the false promise of marrying her had sexual intercourse with her and cheated her. Subsequently, during the course of investigation, it came to light that the petitioner has also abducted another lady viz., Pavithrra and a case has been registered in Crime No.2356 of 2020.

5. Taking into consideration the facts and circumstances of the case and also the petitioner is involved in subsequent case for woman missing which has been registered in Crime No.2356 of 2020, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 07/12/2020 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 INSPECTOR OF POLICE MUTHUPETTAI POLICE STATION, TIRUVARUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.N.PALANIVEL Advocate on payment of necessary charges CRL OP.18588/2020 Date :07/12/2020 TA-11/12/2020 https://hcservices.ecourts.gov.in/hcservices/