Madras High CourtCRL OP(MD)/10253/2015dismissed

Mahendran v. The Inspector Of Police

2015-06-22Honourable Mr Justice K. Kalyanasundaram1 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Second day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10253 of 2015 MAHENDRAN ... PETITIONER/SOLE ACCUSED Vs STATE REP BY:: THE INSPECTOR OF POLICE MOOLAIKARAIPATTI POLICE STATION, TIRUNELVELI DISTRICT, CR.NO.102 OF 2011. ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.T.A.EBENEZER Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is the sole accused, apprehends arrests for the alleged offence punishable under Sections 417 and 376 I.P.C and Section 4 of TNWH Act, 2002, in Cr.No.102 of 2011 on the file of the the respondent Police, seeks anticipatory bail.

2.According to the defacto complainant, the accused, by giving a false promise of marrying her, had physical relationship and after making her pregnant, he refused to marry her.

3.The learned counsel for the petitioner submitted that the occurrence had taken place in the year 2011 and the alleged victim had married another man and she is also having a child. 4.The learned Government Advocate (Crl.Side) seriously opposed this anticipatory bail application stating that the petitioner raped the defacto complainant and due to the reason that the accused failed to marry the defacto complainant, she attempted to commit suicide and she was also admitted in the hospital.

5. Considering the facts and circumstances of the case, this Court is of the view that the petitioner is not entitled for anticipatory bail.

6. Hence, this petition is dismissed.

sd/- 22/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE INSPECTOR OF POLICE MOOLAIKARAIPATTI POLICE STATION, TIRUNELVELI DISTRICT, 2 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI DM 24 JUNE 15 ORDER IN CRL OP(MD) No.10253 of 2015 Date :22/06/2015 1P:3C::

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