Rajesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Rajesh, ... Petitioner/Sole Accused Vs State Rep by, The Inspector of Police, Thiruvaiyaru All Women Police Station, Thanjavur District.

(Crime No.8/2021).

... Respondent/Complainant For Petitioner : Mr.R.L.Dhilipan Pandian, Advocate. For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 8 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/ Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 493 and 506(i) IPC, in Crime No.8 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the accused and the victim girl, were in love affair and later the accused refused to marry the victim. Hence, the complaint.

3.The learned counsel for the petitioner would submit that there was love affair between the accused and the defacto complainant, due to some reason the accused refused to marry the defacto complainant. Hence, this false case has been foisted against the petitioners. Hence, prays to release them on anticipatory bail. 1/3

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the accused refused to marry the defacto complainant and based upon the complaint given by the defacto complainant, this case has been registered against the petitioners.

5.Reading of the FIR shows that the victim and the accused were in love affair for more than six years and later some sort of dispute arose and the accused refused to marry the defacto complainant. Considering the facts and circumstances of this case, nature of dispute between the parties, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Magistrate, Thiruvaiyaru and on his executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.

30 am for a period of one month and thereafter, as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 10/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE, THIRUVAIYARU.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

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3 THE INSPECTOR OF POLICE THIRUVAIYARU ALL WOMEN POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.19591 of 2021 Date :10/12/2021 PKP/JC/SAR-3/22.12.2021/3P/5C 3/3