Sahaya Pratheston v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Sixth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.20888 of 2018 SAHAYA PRATHESTON ... PETITIONER / SOLE ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, COLACHEL, KANYAKUMARI DISTRICT.

CRIME NO. 19/2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.B.JAMEEL ARASU Advocate For Respondent : MR.ASOKAN, Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner was arrested and remanded to judicial custody since 09.11.2018 for the offences punishable under Sections 376, 354(c), 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.19 of 2018, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner and the victim are relatives and using the relationship, the petitioner used to visit the victim's house and without her knowledge when she taking bath and changing the dress, he had taken the photographs and showing the same, he has threatened her for bodily relationship and failing which, the photos would be sent in all the social medias and threatened her that her children life would be in danger. Further, the victim's husband was working in Foreign Country and she is helpless and she has to yield to the threats and pressure and she had no other alternative remedy. Using the same, on several occasions the petitioner forced the victim with bodily relationship. On 26.10.2018 the petitioner had sent the indecent photographs of the victim to the relatives and to her husband. Thereafter, only the victim had given a complaint.

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3. Considering the grievous nature of allegations made against the petitioner, this Criminal Original Petition is dismissed. sd/- 26/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, COLACHEL, KANYAKUMARI DISTRICT.

2. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.20888 of 2018 Date :26/11/2018 AM MK/PN-AC/SAR 3/11.12.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/