Eliza @ Elesha v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.11.2023 PRESENT The Hon`ble MR JUSTICE V.SIVAGNANAM R.Eliza @ Elesha ... Petitioner/Sole Accused Vs The Inspector of Police, Moolakaraipatty Police Station, Tirunelveli District.
Crime No.183 of 2023 ... Respondent/Complainant For Petitioner : No Appearance, For Respondent : Mr.R.Sureshkumar Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.183 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the 1/3
offences punishable under Sections 312, 406 and 417 IPC in Crime No.183 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and the defacto complainant had love affair and on the false promise of marriage, the petitioner had physical relationship with the defacto complainant and thereafter, he refused to marry her. Hence, the case.
3. When the matter is taken up for hearing today, there is no representation for the petitioner.
4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that the petitioner herein, on the pretext of marriage, had physical relationship with the defacto complainant and thereafter, he refused to marry her. He would further submit that the investigation of this case is not yet completed. Hence, he strongly objected to grant anticipatory bail to the petitioner.
5. It is seen that it is the second bail petition and there is no change of circumstances arise. Therefore, considering the facts and circumstances of the case 2/3
and considering the gravity of the offence committed by the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.
sd/- 28/11/2023 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. -I,II,III,IV) Madurai Bench of Madras High Court, Madurai - 625 023.
skn TO 1.The Inspector of Police, Moolakaraipatty Police Station, Tirunelveli District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1. CC to M/S. KARTHICK.R.J Advocate SR.No.16971
ORDER
IN CRL OP(MD) No.21214 of 2023 Date :28/11/2023 RK/VR (03/01/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3