Manisankar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/07/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.10570 of 2019 Manisankar ... Petitioner/ Petitioner/ Accused No.1 Vs State Rep.by The Inspector of Police, All Women Police Station, Aruppukottai, Virudhunagar District.

(Crime No.14 of 2019) ... Respondent/ Respondennt/ Complainant For Petitioner : M/s.N.Anandakumar, Advocate.

For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 14 of 2019 on the file of the Respondent Police.

ORDER : The Court Made the following order :- This petition has been filed by the petitioner/ accused no.1 seeking bail for the alleged offence under Sections 417,376, 294(b) and 506(i) of IPC and Section 4 of TNPHW Act

2. Heard both sides

3. The learned counsel for the petitioner would submit due to previous enmity the defacto complainant has lodged a false complaint against the petitioner herein. He further submitted that the petitioner herein was arrested and remanded to judicial custody on 13.06.2019 and he is in custody for the past 46 days. He further submitted that this is the second bail application. Therefore he prayed to grant bail to the petitioner.

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4. The learned Additional Public Prosecutor would submit that the petitioner herein developed love affair with the defacto complainant and had sexual intercourse with her with a promise to marry and made her pregnant and thereafter refused to marry her. He further submitted that this is the second bail application and the first bail application was dismissed by this Court on 08.07.2019 and thereafter the petitioner has not pointed out any change in the circumstances of the case. He would further submit that the medical report shows that the victim girl was subjected to sexual intercourse and now she is seven months preganant. Hence he strongly opposed to grant bail to the petitioner.

5. Taking into consideration of the aforesaid facts and also the submission of the learned Additional Public Prosecutor that the victim girl was subjected to sexual intercourse and now she is seven months pregnant and also the fact that the petitioner has not shown any change of circumstances of the case, this Court is not inclined to grant bail to the petitioner.

6. Hence the bail petition is dismissed.

sd/- 29/07/2019 / 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, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.

2. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

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

ORDER

IN CRL OP(MD) No.10570 of 2019 Date :29/07/2019 MS/VR/SAR-1/01.08.2019/2P.4C https://hcservices.ecourts.gov.in/hcservices/