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Madras High CourtCRL OP/8170/2016granted

Kaliyagavarathan v. The State Rep.By

2016-04-12Honourable Mr Justice K. Kalyanasundaram3 pages

Crl.O.P.No. 8 1 7 0 of 2 0 1 6 K. KALYANA S U NDARAM, J.

The petitioner, who is sole accused, was arrested and remanded to judicial custody on 21.02.2016 for the alleged offences punishable under sections 417, 376, 294(b) and 506(i) IPC, in Crime No. 4 of 2016 on the file of the respondent police and hence, seeks bail.

2. According to the de-facto complainant, she is studying 2nd year B.Sc., Nursing and in the eyar 2015, the accused by giving false promise of marrying her had physical relationship and subsequently, refused to marry.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely roped in this case. It is further submitted that in the month of September 2015, the petitioner married another lady and he is residing with her and therefore, a false complaint was given against the petitioner.

K. KALYANA S U NDARAM, J.

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4. The learned Government Advocate (Criminal side) appearing for the respondent would submit that the complaint was preferred by one Ezhil Arasi, aged about 20 years and as per the allegations, the petitioner had intercourse with her in the year 2015 by giving false promise to marry her and the major part of the investigation is over.

5. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate-I, Tindivanam, and on further condition that the petitioner shall report before the respondent police daily at 10.00 a.m., until further orders.

1 2. 0 4. 2 0 1 6 v s g Crl.O.P.No. 8 1 7 0 of 2 0 1 6