Athilakshmi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.08.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Athilakshmi 2.Balamurgan ... Petitioners/A-2 & 3

Versus

State rep. by The Inspector of Police, All Women Police Station, Sattur, Virudhunagar District.

(Crime No.19 of 2024) ... Respondent/Complainant For Petitioners : Mr.P.Saravanakumar, Advocate For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS / 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.19 of 2024 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.19 of 2024, for the offence punishable under Sections 417, 376, 294(b), 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, have filed this petition seeking anticipatory bail. 2.The case of the prosecution is that the defacto complainant and the first accused loved each other and on 11.05.2024, at about 11.00 a.m., the defacto complainant went to the house of the first accused. At that time, he was alone in his house and by giving false promise to marry her, he had sexual intercourse with her and subsequent to that, she got pregnant. On knowing the same, the defacto complainant, on 08.06.

2024, went to the first accused's house and told that petitioners about her pregnancy and that the first accused was responsible for her pregnancy. But, the petitioners abused the defacto complainant in filthy language and also threatened her with dire consequences. Hence, the case. 3.The learned counsel appearing for the petitioner submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) appearing for the respondent Police strongly opposes to the grant of anticipatory bail to the petitioners that this is the second anticipatory bail application and now the defacto complainant is carrying three months pregnancy.

5.Considering the nature of offence and since there is no change in circumstances after the dismissal of earlier petition, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.

sd/- 02/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (CS-I/ II / III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

jbr TO

1. The Inspector of Police, All Women Police Station, Sattur, Virudhunagar District.

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

ORDER

IN CRL OP(MD) No.12155 of 2024 Date :02/08/2024 RK/JGB (23/08/2024) 4P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4