Madras High CourtCRL OP(MD)/4793/2021dismissed

Arunpandiyan v. The Inspector Of Police

2021-04-19Honourable Mr Justice G. Chandrasekharan2 pages

CRL OP(MD)No.4793 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD)No.4793 of 2021 Arunpandiyan ... Petitioner/Sole Accused Vs State rep.by, The Inspector of Police, Vaiyampatti Police Station, Tiruchirappalli District Cr.No.68 of 2021. ... Respondent/Complainant For Petitioner : Mr.K.Baalasundharam, Advocate.

For Respondent : Mr.R.Erottuchamy, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.68 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who was arrested on 14.02.2021 for the offences punishable under Section 376 IPC altered into Section 376 IPC r/w Section 4(B) of the Tamil Nadu Prohibition of Harassment of Women Act, 1998 in Crime No.68 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 12.02.2021 at about 01.00 pm., when the deceased was alone at her home, the petitioner said to have forcibly raped her. On the next day, she poured kerosene and set fire herself and committed suicide, due to the above said occurrence. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

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CRL OP(MD)No.4793 of 2021 4.The learned Government Advocate(Crl.Side) appearing for the respondent strongly opposed this petition on the ground that the deceased gave dying declaration before the learned Judicial Magistrate, in which, she was specifically alleged that the petitioner forcibly raped her.

5.Taking into consideration the above facts and circumstances of the case and also considering the serious allegations against the petitioner and that the investigation is not yet completed, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed. sd/- 19/04/2021 / 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 SUPERINTENDENT, CENTRAL PRISON, TIRUCHIRAPPALLI.

2.THE INSPECTOR OF POLICE, VAIYAMPATTI POLICE STATION, TIRUCHIRAPPALLI DISTRICT.

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

ORDER

IN CRL OP(MD) No.4793 of 2021 Date :19/04/2021 gns PK/AKM/SAR-I/17.05.2021 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2