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Madras High CourtCRL OP(MD)/13100/2023dismissed

Alaguraja v. The Sub Inspector Of Police

2023-07-18Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Alaguraja ... Petitioner / Sole Accused Vs The State, rep by The Sub Inspector of Police, Saptur Police Station, Madurai.

(Crime No.61 of 2023).

... Respondent / Complainant For Petitioner : Mr.M.Mohamed Sherbudeen, Advocate. For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.61 of 2023 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/Sole accused, who was arrested and remanded to judicial custody on 12.05.2023 for the offence punishable under Sections 417, 376 and 506(i) of IPC in crime No.61 of 2023 on the file of the respondent police, seeks bail. 1/4

2.The case of the prosecution is that the petitioner fell in love with the victim and on the pretext marriage had physical relationship with the victim on many occasions under threat and compulsion. Thereafter, he refused to marry the victim girl, hence the case.

3. Heard both sides and perused the materials available on record including the First Information Report.

4. Because of the love affair between the victim and this petitioner, some sort of trouble arisen over refusal of marriage. Perusal of CD file shows that at one point of time, the marriage was arranged between the defacto complainant and the petitioner. On the date of marriage fixed, the petitioner escaped from that place. Thereafter, the above said complaint has been registered. Final Report has been made ready and is presented before the concerned Court on 28.06.2023.

5. Considering the facts and circumstances of this case and considering the gravity of offence and if the petitioner is released on bail, he may abscond and tamper the witness, this Court is not inclined to grant bail to the petitioner. This petitioner can approach the Court for bail after completion of committal process and after cross examination of P.W.1.

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6. In the result, the petition stands dismissed. sd/- 18/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU To 1.The Sub Inspector of Police, Saptur Police Station, Madurai.

2.The Officer Incharge, Sub Jail, Usilampatti, Madurai District.

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

ORDER

IN CRL OP(MD) No.13100 of 2023 Date :18/07/2023 ED/MMS/SAR- (07/08/2023) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/4

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