K.Paramasivam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of April Two Thousand Twenty PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CRL OP(MD) No.5270 of 2020 K.PARAMASIVAM ... PETITIONER/SOLE ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE THUVARANKURUCHI POLICE STATION , TRICHY DISTRICT CRIMI NO.205 OF 2019 ... RESPONDENT/COMPLAINANT For Petitioner : MR.V.KARUNA FOR MR.V.ILANCHEZIAN, Advocate For Respondent : MR.S.CHANDRASEKAR , Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is the sole accused, who was arrested and remanded to judicial custody on 29.01.2020 for the alleged offences punishable under Sections 417 and 376 of I.P.C., in Crime No.205 of 2019, on the file of the respondent police and hence, seeks bail.

2. The learned counsel for the petitioner would submit that he was in custody for more than 86 days and the investigation has been completed. Therefore, bail may be granted to the petitioner.

3. The learned Additional Public Prosecutor appearing for the State submitted that the petitioner made a promise to the victim girl to marry her and also had a sexual intercourse with her. Subsequently, he failed to marry her and also disputed the paternity of the child. Therefore, the victim girl has given a complaint before the respondent police. He further submitted that the investigation is almost completed and since the petitioner is disputing the paternity of the child, the bone of the deceased baby has been sent for DNA Test and on 20.03.2020, this Court has dismissed the petition on the ground that FTA Card had not reached to draw blood sample from the accused person. He also submitted that still now the FTA Card has not been reached to draw blood sample from the accused person and there is no change of circumstances. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the facts and circumstances of the case and also considering the fact that there is no change of circumstances, due to corona virus impact in this country, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this petition is dismissed.

sd/- 24/04/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note: This order copy may be treated as true copy To

1. THE SUPERINTENDENT OF POLICE, CENTRAL PRISON, TRICHY

2. THE INSPECTOR OF POLICE THUVARANKURUCHI POLICE STATION , TRICHY DISTRICT

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

ORDER

IN CRL OP(MD) No.5270 of 2020 Date :24/04/2020 TE/SKN/SAR-2 (24.04.2020) 2P-4C https://hcservices.ecourts.gov.in/hcservices/