Sebasthiraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6928 of 2015 SEBASTHIRAJ ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SIVAGANGAI, SIVAGANGAI DISTRICT.

(CRIME NO.4 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.B.S.MELTIUE, Advocate For Respondent : M/S.K.V.RAJARAJAN, Govt. 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 A1 in Crime No.4 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 25.02.2015 for the alleged offences punishable under Sections 120(b), 420, 508, 336, 376 r/w. Section 109 of I.P.C., and hence, seeks bail.

2.The case of the prosecution is that the accused along with A2 under the guise of doing pooja, has committed rape on the de-facto complainant.

3.The learned counsel for the petitioners submitted that even according to the prosecution on the date of occurrence, the de-facto complainant has gone along with her husband and other family members https://hcservices.ecourts.gov.in/hcservices/ and therefore, there is no possibility of rape.

4.The learned Government Advocate (Crl.side) would submit that the case is registered only on 03.02.2015 and the petitioner has committed an offence of rape and the investigation is at initial stage.

5.Considering the alleged allegations and also considering the submissions made by the learned Government Advocate (Crl.side), this Court is not inclined to grant bail to the petitioner. Hence, this criminal original petition is dismissed.

sd/- 15/04/2015 / 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, SIVAGANGAI, SIVAGANGAI DISTRICT.

2 THE OFFICER IN-CHARGE, SUB-JAIL, SIVAGANGAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.B.S.MELTIUE, Advocate SR.No.19457. ORDER IN CRL OP(MD) No.6928 of 2015 Date :15/04/2015 msm 17.04.2015 p2/5c https://hcservices.ecourts.gov.in/hcservices/