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Madras High CourtCRL OP(MD)/306/2020dismissed

Vijayakumar v. The Inspector Of Police

2020-01-09Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.306 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.306 of 2020 Vijayakumar ... Petitioner/Accused 2 Vs The State rep.by The Inspector of Police, All Women Police Station, Srivaikundam, Thoothukudi District Crime No.12 of 2019. ... Respondent/Complainant For Petitioner : M/s.S.Muthumalairaja, Advocate.

For Respondent : Mrs.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.12 of 2019 on the file of the Respondent Police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is in custody since 11.11.2019, for the offences under Sections 376 and 506(i) of I.P.C., in Crime No.12 of 2019, on the file of the respondent police. Hence, he seeks bail.

3. The case of the prosecution is that the defacto complainant was having sexual intimacy with one Arumugaraj and that the petitioner herein who is a friend of Arumugaraj also blackmailed the victim and had sexual relationship with her. As a result, the victim became pregnant. That is how the matter came to be known and FIR came to be registered. The victim has since undergone abortion and the conception has been sent for forensic lab analysis and the results are still awaited. In any event as per the statement of the victim, the petitioner also had sexual relationship with her under https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.306 of 2020 threat and coercion. Since the allegations made against the petitioner are serious and the issue concerns the safety of a woman, I am not inclined to grant bail and the criminal original petition stands dismissed.

sd/- 09/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT 2.THE OFFICER INCHARGE, PERURANI JAIL,THOOTHUKUDI DISTRICT.

3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.306 of 2020 Date :09/01/2020 ias TK/JC/SAR.2/21.01.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2