Buthineshwaran v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2025 PRESENT THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.OP(MD). No.21608 of 2024 Buthineshwaran S/o Elangovan, 1/162, Adhikudi, Llgudi Taluk, Trichy District.
Petitioner(s) Vs The State of Tamil Nadu rep.by The Inspector of Police, All Women Police Station-Lalgudi, Trichy, Trichy District, In Cr.No.35 of 2024.
Respondent(s) (*)2 ABIRAMI W/O.BUTHINESHWARAN, SOUTH STREET, LALKUDI TALUK, TRICHY DISTRICT.
... 2ND RESPONDENT (*)(R2 IS SUO-MOTU IMPLEADED AS PER ORDER OF THIS HON'BLE COURT IN CRL OP(MD).21608/2024 DATED 09/12/2024) For Petitioner(s):
M/s.A.Joel Paul Antony, Advocate For Respondent(s):
M/s.S.Ravi, Additional Public Prosecutor For Intervenor M/s.T.Leninkumar, Advocate
ORDER
When the matter came up for hearing on 09.12.2024, this Court passed the following order:
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The petitioner/A1, who was arrested and remanded to judicial custody on 04.11.2024 for the offences under Sections 318(2), 64 and 89 of BNS (hereinafter referred to as new penal code) in Crime No.35 of 2024 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner in the guise of having love affair had physical relationship with the victim girl and she has also become pregnant. Therefore, he promised to marry her and the marriage happened in a temple. The next day, the petitioner (A1) is said to have left the victim girl in lurch. There are totally three accused persons in this case and the petitioner has been arrayed as A1.
3.Abirami, W/o Buthineshwaran, South Street, Lalkudi Taluk, Trichy District, is suo-motu impleaded as second respondent in this petition. 4.Taking into consideration the facts and circumstances of the case and considering the age of the petitioner and also the previous relationship between the petitioner and the victim girl, this Court is inclined to grant interim bail to the petitioner subject to the following conditions. 5.Accordingly the petitioner is ordered to be released on interim bail on executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two 2/5
sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Lalgudi, Trichy and on further condition that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
6.The petitioner and the second respondent shall be present before the Mediation Centre attached to this Bench on 16.12.2024 at 03.00 p.m. 7.The process of mediation shall commence immediately and the mediation report shall be filed before the next date of hearing. 8.Post the matter on 22.01.2025.
9.Registry is directed to carry out necessary amendment in the cause title. 2.When the matter came up for hearing today, it was informed to this Court that, parties were not able to reach a settlement and the petitioner is not willing to marry the victim girl, who is six months pregnant.
3. Taking into consideration the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. 3/5
4. Accordingly, this Criminal Original Petition is dismissed. The petitioner is directed to surrender before the Superintendent of Central Prison, Trichy by 05.00.p.m., on 23.01.2025.
sd/- 22/01/2025 / TRUE COPY / 22 / 01 /2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
SMA TO 1 THE JUDICIAL MAGISTRATE, LALGUDI, TRICHY DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION-LALGUDI, TRICHY, TRICHY DISTRICT, 4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN Date :22/01/2025 PSP/ /SAR /22.01.2025/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5