Madras High CourtCRL OP/20972/2021dismissed

Anbarasan v. State Rep By

2021-11-09Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Ninth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.20972 of 2021 ANBARASAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, W-21, GUINDY, ALL WOMEN POLICE STATION, CHENNAI DISTRICT.

CR.NO. 06/2021.

For Petitioner : M/S.G.VARUN GANDHI Advocate For Respondent : MR.A.GOKULAKRISHNAN ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Section 417, 376 of IPC in Cr.No.06 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that during the year 2017, the petitioner and the defacto complainant loved each other and believing the words of the petitioner, both had sexual intercourse due to which the defacto complainant became pregnant and subsequently, she was forced by the petitioner and his mother to abort her fetus and for the sake of marriage the petitioner received an amount of Rs.10,00,000/- and 25 Sovereigns of gold jewels from the defacto complainant and thereafter, the petitioner went to his home town following which, when the defacto complainant approached him, he refused to marry her and also attempted to murder her twice. Hence, the defacto complainant lodged a complaint against the petitioner.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case however, https://hcservices.ecourts.gov.in/hcservices/

the petitioner is willing to abide any condition as imposed by this Court. Hence prays for grant of anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor submitted that the petitioner, on his false promise had sexual relationship with the defacto complainant and thereafter refused to marry her and also the petitioner is alleged to have forced the defacto complainant to abort her fetus. He further submits that the investigation is pending in this case. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the gravity of offence committed by the petitioner and that the investigation is not yet completed, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the petition seeking anticipatory bail is dismissed. -sd/- 09/11/2021 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, W-21, GUINDY, ALL WOMEN POLICE STATION, CHENNAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.V.CHELLAMMAL Advocate on payment of necessary charges CRL OP.20972/2021 Date :09/11/2021 APN 17/11/2021 https://hcservices.ecourts.gov.in/hcservices/