Sathiyaraj v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the First day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18388 of 2021 SATHIYARAJ [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, AWPS CHEYYAR, TIRUVANNAMALAI DISTRICT.

(CR.NO.3/2020) For Petitioner : M/S.G.MAGESH KUMAR 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 and remanded to judicial custody on 19.07.2021 for the alleged offences punishable under Sections 417, 376, 506 (i) of I.P.C in Crime No.3 of 2020, on the file of the respondent police, seeks bail.

2. The case of the prosecution as per the petitioner promised to marry the victim girl and had sexual intercourse with her on several occasions. Thereafter, he had blocked her phone number. Due to which the victim girl had given a complaint to important persons in the village and when they enquired him, he had agreed to marry her. While so, on 01.04.2020, the parents of the victim girl intimidated her by saying that marriage was fixed for petitioner's son with one Narmadha and she should not cause trouble. Hence the law enforcing agency registered a case against the petitioner. 3.The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the petitioner, on the false assurance of marrying the victim girl, had sexual intercourse with her and thereafter, cheated her. He would submit that the parents of the petitioner had threatened the victim girl and that during the course https://hcservices.ecourts.gov.in/hcservices/

of investigation, it came to light that the petitioner has also kidnapped another girl and a case has been registered against him in Crime No.1426 of 2020 by Thoosi Police Station. He further submits that this Court had dismissed the bail application for the petitioner in Crl.O.P.No.15390 of 2021 dated 27.08.2021, Hence, he vehemently opposed for grant of bail to the petitioner.

5.Considering the facts of the case and the gravity of offence committed by the petitioner and this Court had dismissed the bail application for the petitioner in Crl.O.P.No.15390 of 2021 dated 27.08.2021 and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 01/10/2021 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 OF POLICE, AWPS CHEYYAR, TIRUVANNAMALAI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.G.MAGESH KUMAR Advocate on payment of necessary charges CRL OP.18388/2021 Date :01/10/2021 CSK 12/10/2021 https://hcservices.ecourts.gov.in/hcservices/