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Madras High CourtCRL OP(MD)/9950/2022dismissed

Michael Bruse v. The Inspector Of Police

2022-06-08Honourable Mr Justice K.Murali Shankar2 pages

CRL OP(MD). No.9950 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.06.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.9950 of 2022 Michael Bruse ... Petitioner/Petitioner/Accused No.1 Vs State represented by The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

(Crime No.6 of 2022) ... Respondent/Respondent/Complainant For Petitioner : Mr.S.Palani Velayutham, Advocate.

For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl. Side).

PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.6 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 376, 417, 294(b) and 506(1) IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.6 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and the defacto complainant were in love and by giving false promise, he had physical relationship with her on several times, but now he is not ready to marry her. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

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CRL OP(MD). No.9950 of 2022 4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that investigation is pending. He would further submit that the petitioner's earlier application was dismissed by this Court on 20.04.2022.

5.No doubt, the petitioner's earlier application was dismissed by this Court in Crl.OP(MD)No.5899 of 2022, dated 20.04.2022. 6.Considering the seriousness and gravity of the offence alleged and also the fact that the investigation is not yet completed as stated by the learned Government Advocate (Criminal Side) and that there is no change in circumstances, since the dismissal of the earlier petition, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, this Criminal Original Petition is dismissed. sd/- 08/06/2022 / TRUE COPY / 10/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, All Women Police Station, Nagercoil, Kanyakumari District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.9950 of 2022 Date :08/06/2022 RS/VR/SAR.2 (10.06.2022) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2