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Madras High CourtCRL OP(MD)/13253/2023dismissed

Pandiyaraj v. The Inspector Of Police

2023-07-26Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Pandiyaraj ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, All Women Police Station, Usilampatti, Madurai District.

Crime No.16/2023.

... Respondent/Complainant For Petitioner :

M/s. Balamuruganantham.R, 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.16/2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 12.06.2023 for the alleged offence under Sections 376 and 506(i) of IPC in Crime No.16 of 2023, on the file of the respondent police, seeks bail.

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2.The defacto complainant lodged a complaint stating that she approached the petitioner for the purpose of arranging loan. Taking advantage of the above said conduct, he repeatedly subjected her to forcible sexual intercourse. At one point of time, she was admitted in the hospital. At that time, she found pregnant. Later she aborted the child. When it was disclosed to her parents the case has been registered. The accused was arrested on 12.06.2023. Ever since, he is in custody. 3.The learned Additional Public Prosecutor would submit that DNA test has also been taken and they are waiting for report. 4.The learned counsel for the petitioner would submit that the petitioner's father died one week back. For that he was already granted interim bail to perform the final rituals to his father. The petitioner surrendered before the Prison. Considering the facts and circumstances of the case and seriousness of the offence that has been alleged against this petitioner, this Court is not inclined to grant bail to the petitioner.

5.Accordingly, this criminal original petition stands dismissed. sd/- 26/07/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TM TO 1 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, USILAMPATTI, MADURAI DISTRICT.

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.13253 of 2023 Date :26/07/2023 RS/VR/SAR-(07.09.2023) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3