Jeyabalan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/08/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.4601 of 2021

1. Jeyabalan

2. Dhanalakshmi

3. Saroja ... Petitioners/Accused No.2 to 4 Vs The State rep.by The Inspector of Police, All Women Police Station, Karur, Karur District.

(Crime No.3 of 2021).

... Respondent/Complainant For Petitioners : Mr.Sivaram J, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.3 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 417, 376(1) and 506(i) of I.P.C., in Crime No.3 of 2021 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant/Sowmiya lodged a complaint that one Prabhakaran, who is the son of the petitioners 1 and 2 had physical relationship with her by making false promise that he would marry her. But now he

refused to marry her at the instance of the petitioners. Hence, the present complaint.

3.This petition came up for hearing on 25.03.2021. It was represented on the behalf of the petitioners that the petitioners are willing to arrange marriage for the first accused with the defacto complainant and they have no objection. Based on such submission by the learned counsel for the petitioners, this Court by an order dated 25.03.2021 referred the matter to the Mediation Centre attached to this Court and Mr.K.Samidurai was appointed as a Mediator to conduct mediation in this case.

4.The Mediator circulated a letter to the Registry stating that neither the parties nor the learned counsel have contacted the Mediator.

5.When this petition was taken on 25.03.2021, there was a representation on behalf of the petitioners that they were willing to arrange marriage for the first accused with the defacto complainant and at the instance of the petitioners, mediation was also ordered by this Court. By citing the mediation, an interim protection was also obtained by the petitioners. Having obtained interim protection from this Court, they have not contacted the Mediator and cooperated for mediation.

6.In view of this conduct of the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners and this Criminal Original Petition stands dismissed.

Sd/- 03/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KARUR, KARUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.4601 of 2021 Date :03/08/2021 SP/JC/SARIII/24/08/2021/3P/3C