A.Perumal v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) DATED : 30.01.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH A.Perumal S/o.Arumugam ... Petitioner/Accused Vs.

1.The State of Tamil Nadu, Rep.by the Sub-Inspector of Police, All Women Police Station, Virudhunagar District.

(Crime No.23/2024) 2.Kavitha D/o Chinnapandi ... Respondent/Complainants (R2 is suo-motu impleaded as per order of the Court dated 06.12.2024 in Crl.OP(MD).

No.21473 of 2024 by NAVJ) Prayer: Criminal Original Petition filed under Section 483 of BNSS,2023 to enlarge the Petitioner/Sole Accused on Bail in Crime No.23 of 2024 on the file of the Respondent Police.

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For Petitioner : Mr.T.Thirumurugan Advocate For R1 : Mr.S.Ravi Additional Public Prosecutor For R2 : Mrs.C.Kavitha (Party-in-Person/De-facto Complainant)

O R D E R

This Court granted interim bail to the Petitioner and directed the Petitioner and the De-facto Complainant to resolve the dispute before the Mediation Center.

2. A Mediation Report has been received, stating that the Parties were not able to reach any settlement. It is brought to the notice of this Court that the Petitioner was not willing to marry the De-facto Complainant and he was offering a settlement in terms of money.

3. When the matter was taken up for hearing today, the Learned Counsel for the Petitioner on instructions submitted that the Petitioner does not want to marry Defacto Complainant since she has aborted the child and it gives rise to the question regarding the claim made by the De-facto Complainant as if she became pregnant only because she had physical intimacy with the Petitioner. 2/4

4. The learned Additional Public Prosecutor on instructions submitted that the conspectus has been sent for DNA Analysis and the report is awaited.

5. Taking into consideration, the above development, this Court is not satisfied with the attitude of the Petitioner and hence the interim bail granted to the Petitioner is hereby recalled and cancelled. The Petitioner is directed to surrender before the Officer-in-Charge, District Jail, Virudhunagar on or before 05.02.2025 by 5.00 pm. The Investigating Officer shall take immediate steps to get the DNA report at the earliest. This report will clinch the case of the Prosecution or the so called Defence that is sought to be taken by the Petitioner.

6. In the result, this Criminal Original Petition stands dismissed. sd/- 30/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

nst To 1.The Judicial Magistrate No.II , Virudhunagar. 2.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

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3.The Inspector of Police, All Women Police Station, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy to The Officer-in-Charge, District Jail, Virudhunagar +1 CC to M/s.T.THIRUMURUGAN, Advocate ( SR-1169[I] dated 30/01/2025 )

ORDER

IN CRL OP(MD) No.21473 of 2024 Date :30/01/2025 RK/SKN (17/02/2025) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4