Madras High CourtCRL OP/21506/2021dismissed

S.Muthu v. The State Rep By

2021-11-18Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Eighteenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.21506 of 2021 S.MUTHU [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, POLUR, THIRUVANNAMALAI DISTRICT.

CRIME NO.8 OF 2021.

For Petitioner : M/S. S.B.VISWANATHAN 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 case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 29.08.2021 for the offences under Sections 417, 376(2)(n) and 506 (i) of IPC, in Crime No.8 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner on the false promise of marrying the defacto complainant, had physical relationship with her. Thereafter, when the defacto complainant insisted the petitioner to marry her, he refused to marry her and also threatened her with dire consequences. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that the petitioner has been suffering incarceration for more than 80 days from 29.08.2021 and that he is prepared to abide by any stringent condition and would pray for grant of bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl. Side) would raise objection stating that the petitioner and the victim girl were living together for a long time and thereafter, the petitioner refused to marry her and also threatened her with dire consequences. He would further submit that the statement of the victim has been recorded under Section 164 Cr.P.C. and if the petitioner is released on bail, there is every possibility that he would tamper the witnesses. 5.Considering the grave nature of offence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 18/11/2021 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, ALL WOMEN POLICE STATION, POLUR, THIRUVANNAMALAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

CC to M/S. S.B.VISWANATHAN Advocate on payment of necessary charges CRL OP.21506/2021 Date :18/11/2021 TA-29/11/2021 https://hcservices.ecourts.gov.in/hcservices/