Kalimuthu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Kalimuthu ... Petitioner/Accused (Rank Not Known) Vs The Inspector of Police, All Women Police Station, Palani, Dindigul District.
Cr.No.Not Known of 2024 ... Respondent/Complainant For Petitioner :
M/s.D.Venkatesh, Advocate For Respondent :
Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.Not Known of 2024 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.not known of 2024, has filed this petition seeking anticipatory bail.
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2. The case of the prosecution is that the petitioner and defacto complainant loved each other and the petitioner has also promised to marry her. But he failed to honor with the same. Hence, the case.
3. The learned counsel appearing for the petitioner submits that the defacto complainant made a love proposal to the petitioner, but the same was rejected by him. Therefore, she foisted the complaint. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that based on the complaint lodged by the defacto complainant, the respondent police has registered an FIR in Crime No.12 of 2024, for the offence under Sections 417 and 506(1) IPC. The petitioner is working in Tamil Nadu Police Service. The petitioner had physical relationship with the defacto complainant and subsequently, she got pregnant. Then, the petitioner took her to a Hospital and aborted the fetus. Now, he refused to marry her. The victim is aged about 21 years.
5. Considering the facts and circumstances of the case, the age of the parties and also considering the occupation of the petitioner, this Court is inclined to grant anticipatory bail in Crime No.12 of 2024 to the petitioner.
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of their arrest or on their appearance 2/4
within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate on condition that (i) the petitioner execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Palani.
(ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address; (iii) The petitioner shall appear before the respondent police daily at 10.00 am for a period of two weeks for interrogation. He has to co-operate for the investigation. (iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. (v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 22/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE, PALANI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PALANI, DINDIGUL DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.D.VENKATESH, Advocate ( SR-4717[I] dated 23/04/2024 )
ORDER
IN CRL OP(MD) No.6048 of 2024 Date :22/04/2024 RS/JGB/SAR-(29.04.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4