Raman @ Ramaiah v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventh day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.2501 of 2015 RAMAN @ RAMAIAH ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUMAYAM, PUDUKKOTTAI DISTRICT, CRIME NO.3 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/s. K.N. GOVARDHANAN Advocate For Respondent : Mr.K.ANBARASAN, 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 arrayed as accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 417, 420 and 506(i) of IPC in Crime No.3 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner did not have any child through his marriage. Hence, on giving false promise of marrying the de facto complainant as second wife, had physical affair with her and she conceived. After the de facto complainant became pregnant, the petitioner did not accept her and refused to marry her. On the complaint, a case has been registered against the petitioner.
3. The learned counsel for the petitioner submitted that the petitioner did not have any sexual contact with the de facto complainant and the de facto complainant had sexual relationship with her sister's husband and through him she got conceived and in order to protect him, the de facto complainant made false allegations against the petitioner.
4. The learned Government Advocate (Crl. Side) submitted that as per the affidavit filed by the petitioner, this Court by order dated 26.03.2015, directed the respondent police to conduct DNA Test. As per the directions of this Court, the DNA test was conducted and the DNA https://hcservices.ecourts.gov.in/hcservices/ report proved that the petitioner is a biological father of the child
born to the de facto complainant and vehemently opposed to grant anticipatory bail to the petitioner.
5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is a biological father of the child born, as per the DNA report, this Court is not inclined to grant anticipatory bail to the petitioner.
6. Accordingly, the Criminal Original Petition is dismissed. sd/- 07/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUMAYAM, PUDUKKOTTAI DT, CRIME NO.NOT KNOWN OF 2015 2.
THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.2501 of 2015 Date :07/12/2015 trp SH/GSV-AN/SAR-I:14.12.2015:2P/3C https://hcservices.ecourts.gov.in/hcservices/