M.Mareeswaran v. The Inspector Of Police
CRL OP(MD). No.19135 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.19135 of 2022 M.Mareeswaran, ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, All Women Police Station, Sivakasi, Virudhunagar District.
... Respondent/Complainant For Petitioner : M/s.Dinesh K, Advocate.
For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For bail in Cr No.15/2022 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to Judicial Custody on 05.10.2022 for the offences punishable under sections 417, 376 and 506(i) IPC in Crime No. 15 of 2022 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner and the defacto complainant are loved each other for about three years and that on giving a false promise to marry her, he had sexual intercourse with the defacto complainant and that the defacto complaint is now four month pregnancy. Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.19135 of 2022 implicated in this case. He further submitted that the petitioner is in judicial custody from 05.10.2022 and seeks bail.
4. The learned Government Advocate (Crl. Side) appearing for the respondent, police would submit that the victim is aged about 21 years and on giving a false promise he had sexual intercourse with her and subsequently refused to marry her. He would further submit that now, the de facto complainant is four months pregnancy and the investigation of the case is pending and he strongly opposed to grant bail to the petitioner.
5. Considering the facts and circumstance of the case and also considering the serious nature of allegations levelled against the petitioner and that the investigation of the case is in preliminary stage, this Court is not inclined to enlarge the petitioner on bail. Accordingly, this Criminal Original Petition is dismissed. sd/- 04/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE OFFICER INCHARGE, SUB JAIL, VIRUDHUNAGAR DISTRICT.
2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SIVAKASI, VIRUDHUNAGAR DISTRICT.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.19135 of 2022 Date :04/11/2022 trp PKP/SSS/SAR-4/15.11.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2