Pandiyaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Pandiyaraj ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, All Women Police Station, Usilampatti, 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 of 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 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.Considering the facts and circumstances of the case and seriousness of the offence that has been alleged against this petitioner, the earlier petition filed by the petitioner was dismissed by this Court.

4.Now on the ground of prolonged incarceration, this petition has been filed. According to the counsel for the petitioner, there was love affair between the petitioner and the victim.

5.Taking advantage of the innocence of the victim, the petitioner on promise of giving loan invited her to his house. During that time, he misbehaved with him. 6.The learned Additional Public Prosecutor would submit that final report has 2/4

been filed before the concerned Court. Committal process is underway. Let the above said committal process be completed within a period of fifteen days from the date of receipt of a copy of this order. After, the trial process be taken by the trial Court immediately. After the examination of material witnesses are over, the petitioner can revive his bail application before the trial Court itself, without making any reference to this Court.

7.With the above said directions, this criminal original petition stands dismissed.

sd/- 27/09/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO

1. The Judicial Magistrate No.I, Usilampatti.

2. Do-Through The Chief Judicial Magistrate, 3/4

3. The Officer in charge, Sub Jail, Usilampatti, Madurai District.

4.The Inspector of Police, All Women Police Station, Usilampatti,

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

ORDER

IN CRL OP(MD) No.16895 of 2023 Date :27/09/2023 RK/VRS (03/11/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4