Suriya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/08/2023 PRESENT The Hon`ble Mr.Justice P. DHANABAL Suriya ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Vasudevanullur Police Station, Thenkasi District.

Crime No. 148/2023.

... Respondent/Complainant For Petitioner :

M/s Ramesh.M.I, Advocate For Respondent :

Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.148 of 2023 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 376(2)(n), 354A, 506(ii) IPC, Section 4 of TNPWH Act and Section 66 E of Information Technology Act, 2000, on 1/4

the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner/A1 is the neighbour of victim and A2 to A7 are the family members of A1. The victim is the married women, who has no children and her husband was living in abroad. Both A1 and victim loved each other and on giving false promise, the petitioner had physical relationship with the victim. The victim is in the advanced stage of pregnancy and now the petitioner refused to live with the victim. Further, the petitioner has threatened the victim to upload the obscene videos of her in the social media. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is innocent and not committed any offence, as alleged by the prosecution. The petitioner is arrayed as A1. The age of the petitioner is 21 years, whereas, the age of victim is 28 years. The victim got married another man, due to non-pregnancy of her matrimonial life, the village people and her relations called the victim as sterile women. The victim voluntarily had love with the petitioner. The co-accused were already enlarged on anticipatory bail. Hence, prays to release him on anticipatory bail.

4.The learned Additional Public Prosecutor submitted that in this case totally there are seven accused. The petitioner is arrayed as A1. A2 to A7 are the family 2/4

members of A1. On giving false promise to the victim, the first accused/petitioner had physical relationship with her, thereby, the victim got pregnant and threatened her to upload the obscene videos of the victim in social media. In this case, investigation has been completed and charge sheet filed before the concerned Court, the same was not take on file. Considering the nature of offence, prays to dismiss the petition.

5.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6.In this case, though investigation has been completed and co-accused were already enlarged on anticipatory bail, considering the rival submissions made on either side and considering the nature of gravity of offence charged against the petitioner, this Court is not inclined to enlarge the petitioner on anticipatory bail at this stage. Accordingly, this Criminal Original Petition stands dismissed. sd/- 29/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM 3/4

TO 1 THE INSPECTOR OF POLICE, VASUDEVANULLUR POLICE STATION, THENKASI DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.15659 of 2023 Date :29/08/2023 RS/DD/SAR-(04.09.2023) 4P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4