← Library
Madras High CourtCRL OP/30887/2022dismissed

Rani @ Thenmozhi v. State Rep.By

2022-12-14Honourable Mrs Justice T.V.Thamilselvi5 pages

T.V.THAMILSELVI,J.

The petitioner who was arrested and remanded to judicial custody on 21.11.2022 for the alleged offence under Sections 417, 376 IPC r/w Section 81 of Juvenile Justice Protection of Child Act, 2015 in Cr.No.12 of 2012, seeks bail.

2. The case of the prosecution is that A1 had sexual relationship with the defacto complainant under the promise of getting married to her. Due to which, the defacto complainant became pregnant and delivered a female baby. The further allegation is that A1 had called the defacto complainant and her parents along with the baby to a nearby private hotel and induced them to hand over the baby temporarily to an Ashram and that he would soon get married to the defacto complainant. However, A1 had cheated the defacto complainant by getting married to some other women. Hence, the case.

3.The learned counsel appearing for the petitioner would

submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would submit that the petitioner is running a hotel at Perundurai and she has two female children. In fact the defacto complainant had not stated anything about the petitioner in the F.I.R. However, that the petitioner is in custody from 21.11.2022. Hence prays for grant bail to the petitioner. 4.The learned Government Advocate (Crl.Side) would submit that A1 had sexual relationship with the defacto complainant under the promise of getting married to her. Due to which, the defacto complainant became pregnant and delivered a female baby. It is further alleged that the petitioner had induced the defacto complainant and handed over the baby to an Ashram.

Thereafter, the petitioner got married with another women and cheated the defacto complainant. He would further submit that the petitioner/A3 is the broker, who had played a major role in the illegal adoption of the defacto complainant's baby. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the gravity of offence committed by the petitioner and that the petitioner had abetted A1 in illegal adoption of the baby, this court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 14.12.2022 anu

T.V.THAMILSELVI, J.

anu 14.12.2022