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Madras High CourtCRL OP(MD)/6257/2021dismissed

Prabhakaran v. The Sub Inspector Of Police

2021-04-30Honourable Mr Justice G. Chandrasekharan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD)No.6257 of 2021 Prabhakaran ... Petitioner/1st Accused Vs The State rep by The Sub Inspector of Police, All Women Police Station, Karur, Karur District.

(Crime No.3 of 2021) ... Respondent/Complainant For Petitioner : Mr.J.Sivaraj.

For Respondent : Mr.KR.Bharathi Kannan, Government Advocate(Crl.side) PRAYER :- For Bail in Crime No.3 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who was arrested on 18.04.2021 for the offences punishable under Sections 417, 376(i) and 506(i)IPC in Crime No.3 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the defacto complainant and the petitioner herein were in love with each other and on promise of marriage, the petitioner had physical relationship with her for more than 15 times. The relationship between them came to know to both the family and both of them agreed for their marriage. Subsequently, the parents of the petitioner refused for the marriage by stating that they belong to different community. When the relatives of the defacto complainant requested the parents of the petitioner to marry her to the petitioner, they threatened them with dire consequences. Hence, the complaint.

3.The learned counsel for the petitioner denied all the allegations made against the petitioner and submitted that interim protection was given to the co-accused in this case. He further submitted that the petitioner is in custody from 18.04.2021 an therefore, he seeks bail to the petitioner.

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4.The learned Government Advocate(Crl.Side) appearing for the respondent submitted that during enquiry, it is reported by the petitioner that he is not willing to marry the defacto complainant. 5.Considering the facts and circumstances of the case where the petitioner said to have had physical relationship with the defacto complainant on the promise of marriage and thereafter, refused to marry her and the fact that the case was registered only on 19.03.2021, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed.

Sd/- 30/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

30.04.2021 GNS 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 SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KARUR, KARUR DISTRICT.

2.THE OFFICER INCHARGE, SUB JAIL, KARUR.

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

ORDER

IN CRL OP(MD) No.6257 of 2021 Date : 30/04/2021 VB VR SAR III(21/05/2021) 2P / 4C https://hcservices.ecourts.gov.in/hcservices/