Madras High CourtCRL OP(MD)/9990/2022dismissed

Navinkumar v. The Inspector Of Police

2022-09-16Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.9990 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.9990 of 2022 Navinkumar ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, All Women Police Station, Ramnad, Ramnad District.

(Crime No. 10 of 2022).

... Respondent/Complainant B.Anusiya ... Petitioner/3rd Party/ De-facto Complainant In Crl.MP(MD).6570/2022 in Crl.OP(MD).9990/2022 For Petitioner : M/s.VENKATESH.D, Advocate.

For Respondent : Mr.M.MUTHUMANIKKAM, Government Advocate (Crl.Side) For Intervenor : Mr.S.MALAIKANI, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.10 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 417, 376 and 506(ii) of I.P.C and Section 4 of the Dowry prohibition Act, in Crime No.10 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that on the false promise of marriage, the petitioner had sexual intercourse with the defacto complainant. When the love affair was revealed with the parents of the petitioner, they assured for their marriage. Thereafter, they demanded 10 sovereigns of gold jewels and Rs.10 lakhs as dowry for marriage and also threatened her with dire consequences. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is not at all had any love affair as alleged. The victim https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.9990 of 2022 is a widow and two years elder then the petitioner. Since the petitioner is in a secured job, the present motivated complaint is made. He would further submit that the petitioner is innocent and he did not commit any offence as alleged by the prosecution. 4.The learned Government Advocate (crl.side) would submit that in the statement recorded under Section 164 Cr.P.C., the victim girl has implicated the petitioner and made specific allegation against him. He would further submit that the investigation is pending. 5.Heard the learned counsel appearing for the intervenor and perused the records.

6.Considering the seriousness and gravity of the offence and also the fact that the investigation is pending and taking note of the statement under Section 164 of Cr.P.C. given by the victim girl implicating the petitioner in this case, this Court is not inclined to grant bail to the petitioner.

7.Accordingly, this Criminal Original Petition is dismissed. sd/- 16/09/2022 / TRUE COPY / /09/2022 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, RAMNAD, RAMNAD DISTRICT.

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

ORDER IN CRL OP(MD) No.9990 of 2022 Date :16/09/2022 cp SA/GB/SAR.1/30.09.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2