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Madras High CourtCRL OP(MD)/21859/2015ordered

R.Venkatesan v. The Sub Inspector Of Police

2015-11-19Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21859 of 2015 R.VENKATESAN ..PETITIONER/ACCUSED Vs.

STATE REP.BY THE SUB INSPECTOR OF POLICE SANNARPATTI POLICE STATION, DINDIGUL DISTRICT.

(CRIME NO.441/2015) ..RESPONDENT/COMPLAINANT For Petitioner : M/S.D.SELVARAJ Advocate For Respondent : Mr.K.ANBARASAN, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused, in Crime No.441 of 2015 on the file of the respondent police, was arrested on 17.10.2015 for the alleged offences punishable under Sections 493 and 376 of I.P.C. and 3(2) (v) of SC/ST (Prevention of Atrocities) Act, 1989 and hence, seeks bail.

2. The case of the prosecution is that the petitioner, on giving false promise of marriage, had sexual relationship with the de-facto complainant for the past 12 years, due to which, she got pregnant twice and aborted and third time, she delivered a child and on her complaint, the case was registered in Crime No.441 of 2015 for the aforesaid offences.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case and he is no way connected with the alleged occurrence as stated by the prosecution and only to extract money from the petitioner, his name has been falsely implicated and he is in judicial custody from 17.10.2015.

4. The learned Government Advocate (Crl.side) submitted that the accused is a married man and on giving false promise that he will marry the de-facto complainant, he had sexual relationship with the de-facto complainant and she gave birth to a child.

5. Taking into consideration the facts and circumstances and the defacto complainant is having relationship with the petitioner for the past 12 years and only on 17.10.2015, she gave a complaint, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail 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 Judicial Magistrate No.III, Dindigul and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. for a period of two weeks.

sd/- 19/11/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE JUDICIAL MAGISTRATE NO.III, DINDIGUL. 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE SUB INSPECTOR OF POLICE, SANNARPATTI POLICE STATION, DINDIGUL DISTRICT.

5 THE OFFICER IN CHARGE, DISTRICT PRISON, DINDIGUL. +1. CC to M/S.D.SELVARAJ Advocate SR.No.66295 ORDER IN CRL OP(MD) No.21859 of 2015 Date :19/11/2015 PBK/GSV-PM/SAR-II 19/11/2015 ::2P-7C::

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