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Madras High CourtCRL OP(MD)/2057/2020granted

Rajamansingh v. The Inspector Of Police

2020-02-06Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.2057 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/02/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.2057 of 2020 Rajamansingh ... Petitioner/Sole Accused Vs The Inspector of Police, All Women Police Station, Kulithlai, Karur District.

Cr No.2/2020. ... Respondent/Complainant For Petitioner : M/s.M.Bindran, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory bail in Crime No.2 of 2020 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 apprehending arrest at the hands of the respondent police for the offences punishable under sections 417 and 420 of I.P.C., in Crime No.2 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. It is not in dispute that the defacto complainant is a married women. She would claim that she is living separately from her husband and taking advantage of the same, the petitioner gave a false assurance and had physical relationship with her. Since the relationship is rather consensual, I am inclined to grant relief to the petitioner. I am conscious that the victim is now said to be 6 months pregnant. But then, it is not a case that warrants the arrest of the petitioner.

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CRL OP(MD). No.2057 of 2020

4. In view of the above, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.2, Kulithalai, Karur District, and on his executing a 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 06/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE No.2, KULITHALAI, KARUR DISTRICT.

2. -DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KULITHLAI, KARUR DISTRICT.

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

+1 CC to M/s.M.BINDRAN, Advocate ( SR-2482[I] dated 06/02/2020 )

ORDER

IN CRL OP(MD) No.2057 of 2020 Date :06/02/2020 PNN TE/PN/SAR-II : 11/02/2020 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2