Marimuthu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.5442 of 2023 Marimuthu ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, All Women Police Station, Sankarankovil, Tenkasi District.

Cr.No.8/2023.

... Respondent/Complainant For Petitioner : M/s.Karthick R.J., Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 8/2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 05.03.2023 for the offence punishable under Sections 376,417, 294(b) and 506(i) of IPC in crime No.8 of 2023 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and the victim loved each other and on false promise of marrying the victim the petitioner had committed sexual assault on the vicim and thereafter refused to marry her. When the same was questioned by the defacto complainant the accused abused the defacto complainant and also criminally intimidated her, hence the case.

3. Heard both sides and perused the materials available on record including the First Information Report and also the statement of the victim recorded under section 164 of Cr.P.C. https://www.mhc.tn.gov.in/judis

4. On perusal of the statement recorded under section 164 Cr.P.C it is revealed that the petitioner on the pretext of marriage had sexual intercourse on the victim on several occasions and thereafter refused to marry her and left her in lurch. Therefore the petitioner has committed a very serious and heinous offence as against the victim, hence this Court is not inclined to grant bail to the petitioner.

5. Hence the petition stands dismissed.

sd/- 24/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SANKARANKOVIL, TENKASI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

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

ORDER

IN CRL OP(MD) No.5442 of 2023 Date :24/03/2023 SS/BUC/SAR II/29/03/2023/2P/4C https://www.mhc.tn.gov.in/judis