Madras High CourtCRL OP(MD)/17251/2022dismissed

Neelaraja @ Baguraj v. The Inspector Of Police

2022-09-27Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.17251 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.17251 of 2022 Neelaraja @ Baguraj ... Petitioner/Accused(Sole) Vs State Rep by The Inspector of Police, Vadamadurai Police Station, Dindigul District.(Crime No.291/2022)..

... Respondent/Complainant For Petitioner : M/s.Manikandan P, For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime no.291 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 25.08.2022 for the alleged offence under Sections 376, 506(i) IPC, in Crime No.291 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner gave a false promise to the defacto complainant to arrange job in a Textile Mill and in furtherance on 13.08.2022, the petitioner gave anesthesia drug in a cool drinks to her and committed the offence of rape and also recorded the same. The petitioner also used to threatened her, by showing the said video and had physical relationship with her and also cheated Rs.11,700/- cash and 3 sovereigns of gold from her. Hence, the complaint. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.17251 of 2022

3. On the side of the petitioner, it is stated that the petitioner is innocent and had not committed any such offence, as alleged by the prosecution. The earlier complaint given by the defacto complainant was closed. Only to extract money from the petitioner, a false case has been foisted against him, for the second time. The petitioner is in custody from 25.08.2022. Hence, prays to release him on bail.

4. On the side of prosecution, it is stated that both the victim and the petitioner are married. The petitioner mixed anesthesia drug in the cool drink and gave it to the victim and he committed the offence of rape, when she was in unconscious state and also cheated money and gold from her. In this case, investigation is not yet completed. Hence, prays to dismiss the petition. 5.Considering the above facts and circumstances of the case, the way in which, the nature of offence committed by the petitioner and its gravity and also considering the initial stage of investigation, this Court is not inclined to grant bail to him.

6. Accordingly, this Criminal Original Petition stands dismissed.

sd/- 27/09/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO

1. The Officer in charge, Sub Jail, Dindigul.

2. The Inspector of Police, Vadamadurai Police Station, Dindigul District.

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

ORDER

IN CRL OP(MD) No.17251 of 2022 Date : 27/09/2022 TR/GB/SAR-I(30.09.2022) 2P 4C https://www.mhc.tn.gov.in/judis 2/2