Asaipandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI 1 ASAIPANDI 2 PERIAKARUPPAN 3 MANIKKAVALLI ... PETITIONERS / ACCUSED 1 TO 3 Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MELUR, MADURAI.
CR.NO.5/2024 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.ALAGARSAMY.S Advocate For Respondent : Mr.P.KOTTAICHAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:- FOR ANTICIPATORY BAIL IN CRIME NO.5/2024 ON THE FILE OF THE RESPONDENT POLICE.
ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 417, 376 and 109 IPC, 1860, in Cr.No.5 of 2024, 1/3
seek anticipatory bail.
2.The case of the prosecution is that A1 and the defacto complainant loved each other and A1 had sexual relationship with her by giving false promise to marry her and thereafter, he refused to marry her. Further, the petitioner Nos.2 and 3 also threatened the defacto complainant. Hence, the case. 3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and the petitioner Nos.2 and 3 are the parents of A1 and no such occurrence was happened physically or manually and in order to extract money from the petitioners, the defacto complainant made a complaint against the petitioners and the defacto complainant was admitted in the hospital to harass the petitioner and his family members. Hence, he prays for grant of anticipatory bail to the petitioners. 4.
The learned Government Advocate (Crl. side) submitted that on earlier occasion, the petitioners/accused Nos.2 and 3 were already granted anticipatory bail in Crl.O.P(MD).No.3662 of 2024 by this Court on 07.03.2024. However, the allegation made against the first petitioner is serious in nature. Hence, he strongly opposed to grant anticipatory bail to the petitioners.
5. Since the petitioners 2 and 3 were already granted anticipatory bail by this Court in Crl.O.P(MD).No.3662 of 2024 on 07.03.2024, second anticipatory bail will not 2/3
arise. This Court is not inclined to grant anticipatory bail to the petitioners 2 and 3.
6. In respect of the first petitioner also, the serious allegations have been levelled against him that the first petitioner had sexual relationship with the defacto complainant by giving false promise to marry her and thereafter, he refused to marry her. Hence, this Court is not inclined to grant anticipatory bail to the first petitioner.
7. Accordingly, this Criminal Original Petition is dismissed. sd/- 18/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
SSB TO 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MELUR, MADURAI.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN Date :18/03/2024 SA/VR/SAR. /28.03.2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3