Sathiyamoorthi v. The Inspector Of Police

Crl.OP(MD)No.9758 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated: 24/08/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.9758 of 2022 Sathiyamoorthi ... Petitioner/Sole Accused Vs.

State Rep.by The Inspector of Police, All Women Police Station, Manaparai, Trichy District.

(Crime No.9 of 2022) ... Respondent/Complainant For Petitioner : Mr.Arun Swaminathan, Advocate For Respondent : Mr.B.Thanga Aravindh Government Advocate (Criminal side) PETITION FOR ANTICIPATORY BAIL under Sec.438 of Cr.P.C.C PRAYER:- For Anticipatory Bail in Crime No.9 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order:- The petitioner, who is arrayed as sole accused apprehending arrest at the hands of the respondent police for the offences punishable under sections 417, 376, 306 and 511 IPC, in Crime No.9 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the de-facto complainant lodged a complaint stating that she is undergoing B.A(L.L.B) 4th year in Trichy Law College. She was in love with the accused person namely Sathiyamoorthy for about 9 years. During the above said period, they went to several places and also were having intimacy during those time. On 15/02/2022, she was told that the above said Sathiyamoorthy is going to marry some other girl. When that was enquired and objected, she was criminally intimidated and so, she tried to commit suicide by taking sleeping tables. She was taken to the hospital and later, after treatment, discharged. Based upon the above said complaint, the case was registered. 3.Seeking anticipatory bail, this petition has been filed by the petitioner stating that there was no relationship between them. Even though, there was contact in the year 2022, thereafter, it was snapped. During the period of engagement and proposal, they went to https://www.mhc.tn.gov.in/judis 1/2

Crl.OP(MD)No.9758 of 2022 several places and apart from that there was no intimacy between them.

4.Heard both sides.

5.An allegation of cheating, rape and attempt to commit suicide on the basis of the abetment made by the petitioner is the main allegation that has been made. The learned counsel appearing for the petitioner would submit that there was initial proposal between the de-facto complainant and the petitioner for marriage. But later, that was dropped due to some reasons. During the above said period only, they went to several places. Even during that period, they did not have any personal intimacy. But this sort of argument cannot be taken into account at this stage.

6.When serious allegation of cheating and subjecting the defacto complainant had sexual intercourse on the promise of marriage and abetment of suicide has been made out, it requires thorough investigation subjecting the petitioner to the custodial interrogation. This offence of such nature must be viewed seriously and the petition lacks bona fideness.

7.In fine, this criminal original petition is liable to be dismissed and accordingly, it is dismissed.

sd/- 24/08/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

To 1.The Inspector of Police, All Women Police Station, Manaparai, Trichy.

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

ORDER

IN CRL OP(MD) No.9758 of 2022 Date :24/08/2022 er RS/SBN/SAR.1 (15.09.2022) 2P-3C https://www.mhc.tn.gov.in/judis 2/2