M. Vairamuhtu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/05/2022 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD). No.7616 of 2022 M.Vairamuhtu ... Petitioner/Accused No.1 Vs State rep.by The Inspector of Police, K.V.Nallur Police Station, Tenkasi District.

(Crime.No.49/2022).

... Respondent/Complainant For Petitioner : M/s.Anto Prince.G., Advocate. For Respondent : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 49 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner who was arrested on 03.04.2022 for the offences under Sections 406, 294(b), 322, 506(2) of IPC,1860 and 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002,in Cr.No.49 of 2022, on the file of the respondent police, seeks bail. 2.It is the case of the prosecution that the petitioner had love affair with the victim girl. However, subsequently, he refused to marry the victim girl. Therefore, she lodged a complaint before the Law Enforcing Authority stating that the petitioner has collected some amount from the victim girl and promised to marry her.

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3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he is serving as Grade-II Police Constable in Tamil Nadu Police Department. The love affair between the petitioner and the defacto complainant eventually ended during 2021 itself. He is no way connected with the alleged occurrence and he prayed for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor on instructions would submit that the petitioner had sexual relationship with the victim girl and agreed to marry her. However, subsequently, he refused to marry her and the respondent Police has recorded the statement of the victim girl under Section 164 of Cr.P.C, which would reveal that the petitioner had love affair with the victim girl and had sexual relationship with her. Thereafter, the petitioner refused to marry her.

5.Considering the gravity of the offence alleged to have been committed by the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

Sd/- 11/05/2022 / TRUE COPY / 13/05/2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

SSB/CM 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, K.V.NALLUR POLICE STATION, TENKASI DISTRICT.

2. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI.

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

+1. CC to M/S. ANTO PRINCE.G. Advocate SR.No.23675

ORDER

IN CRL OP(MD) No.7616 of 2022 Date :11/05/2022 SP/VR/SAR IV/13/05/2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/