Masood Ibrahim v. The Inspector Of Police
CRL OP(MD). No.14972 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14972 of 2022 Masood Ibrahim ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, Alangulam All Women Police Station, Alangulam, Tenkasi District.
(In Crime No.14/2022).
... Respondent/Complainant For Petitioner : M/s.Venkatesan K, Advocate.
For Respondent : Mr.B. Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.14/2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under section 147, 417, 376 and 506(i) IPC in Crime No. 14 of 2022 on the file of the respondent police, seek/s anticipatory bail.
2. The case of the prosecution is that the defacto complainant lodged a complaint stating that she was in love with the first accused since from their college days and on giving false promise to marry to petitioner subjected to sexual intercourse with her. Later, she came to know that she was cheated by him and the terms was also arranged by which she was offered Rs.10,00,000/- for separating from the first accused. So on the basis of the above, this complaint has been registered.
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CRL OP(MD). No.14972 of 2022
3. The petitioner herein seeking anticipatory bail on the ground that even as per the allegation that has been made in the FIR for the offence under Section 376 IPC and the same is not attracted since it is consented by both of them and they are also majors. If at all the offence under Section 417 IPC may applicable, on going through the CD file it is seen that on giving a false promise the petitioner subjected to sexual intercourse, later, he failed to marry her. So, this is a conduct on the part of the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that with an intention only the petitioner has stated the defacto complainant was offered Rs.10,00,000/-.
5. Considering the nature of offence committed by the petitioner and that the proper investigation is necessary, the petitioner is not entitled for discretionary relief of anticipatory bail. Accordingly, this Criminal Original Petition is dismissed. sd/- 25/08/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1.The Inspector of Police, Alangulam All Women Police Station, Alangulam, Tenkasi District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1. CC to M/S.VENKATESAN K Advocate SR.No.9127
ORDER
IN CRL OP(MD) No.14972 of 2022 Date :25/08/2022 RK/SBN/SAR-II (15/09/2022) 2P/4C https://www.mhc.tn.gov.in/judis 2/2