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Madras High CourtCRL OP(MD)/9150/2023dismissed

Suji @ Kasi v. The Inspector Of Police

2023-05-18Honourable Mrs Justice T.V.Thamilselvi2 pages

CRL OP(MD). No.9150 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/05/2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.9150 of 2023 Suji @ Kasi ... Petitioner/Accused No.1 Vs The State rep. by The Inspector of Police, Cbcid, Nagercoil.

Kanyakumari District.

(In Crime No.8 of 2020).

... Respondent/Complainant For Petitioner : M/s.Niranjan S.Kumar for Mr.V.Balaji Rajaram, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To enlarge the petitioner/Accused No.1 on bail in S.C.No.41 of 2021 on the file of learned Fast Track Mahila Court Kanyakumari at Nagercoil.

ORDER : The Court made the following order :- The petitioner/A1 who is facing a charge for the offences punishable under Sections 376, 354(A), 354(B), 354(C), 354(D), 294 (b), 417 and 506(i) IPC and Section 66 (E) of Information Technology Act in S.C.No.41 of 2021 on the file of learned Fast Track Mahila Court Kanyakumari at Nagercoil in Crime No.8 of 2020 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the de-facto complainant got acquainted with the first accused through facebook and thereafter, they both exchanged their phone numbers and the first accused expressed that he loves her and further compelled her to come in person. Hence, she went to meet the first accused and he came in red colour volkswogen car bearing Reg.No.TN-74-AT-5518 and took her into the car. Further, at about 07.00 p.m, he brought the de-facto complainant to his poultry farm where he had physical relationship with her and taken video of the same without her https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.9150 of 2023 knowledge. After 20 days, the first accused asked the de-facto complainant to accompany her with him to the poultry farm but she refused to go with him, hence, the first accused abused her with filthy language and threatened her that he will upload their private videos in the social media. Hence, the complaint. 3.It is seen from the records that while dismissing the application in Crl.O.P.(MD)No.1195 of 2023 on 02.03.2023, this Court had elaborately discussed about the bad conduct of the petitioner. The petitioner has involved in five other cases and he has also spoiled life of the victims. Therefore, this Court feels that if the petitioner is released on bail, there is every likelihood of tampering the evidence.

4.Considering the seriousness and gravity of the allegations against the petitioner and also considering the fact that there is no change in circumstances, since the dismissal of the earlier petition, this Court is not inclined to grant bail to the petitioner.

5.In the result, this Criminal Original Petition is dismissed. sd/- 18/05/2023 / TRUE COPY / 19/05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO

1. The Fast Track Mahila Court, Kanyakumari at Nagercoil.

2. The Superintendent, Central Jail, Palayamkottai.

3. Inspector of Police, CBCID, Nagercoil.

Kanyakumari District.

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

+1 CC to M/s.BALAJI RAJARAM.V, Advocate ( SR-7649[I] dated 19/05/2023 )

ORDER

IN CRL OP(MD) No.9150 of 2023 Date : 18/05/2023 NA/VR/SAR-3/19.05.2023/2P/6C https://www.mhc.tn.gov.in/judis 2/2