Tamilselvan @ Sampath v. The Inspector Of Police

CRL OP(MD). No.21027 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/12/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD). No.21027 of 2021 Tamilselvan @ Sampath ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, All Woman Police Station, Pudukkottai.

(Crime.No.30/2021) ... Respondent/Complainant For Petitioner : Mr.Kamesh.N, Advocate.

For Respondent : Mr.SS.Madhavan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 30 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested on 11.12.2021 for the offences punishable under sections 376(1) and 506(1) of I.P.C., in Crime No. 30 of 2021, on the file of the respondent police, seeks bail.

2.The case of prosecution is that the accused had sexual intercourse with the defacto complainant by giving false promise that he will marry her. Due to that, she got pregnant. But, he refused to marry her. Hence, the complaint.

3.The learned Counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in judicial custody from 11.12.2021. Hence, he seeks bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (Crl.side) submitted that now, the defacto complainant gave birth to a baby and the accused

CRL OP(MD). No.21027 of 2021 married some other woman namely, Vasavi. Hence, he vehemently opposed to grant bail to the petitioner.

5.Considering the false promise given by the accused and also considering the short period of incarceration, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 29/12/2021 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 Inspector of Police, All Woman Police Station, Pudukkottai.

2. The Officer Incharge, Sub Jail, Pudukottai.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.21027 of 2021 Date :29/12/2021 RS/CN/SAR.3 (03.01.2022) 2P-4C https://hcservices.ecourts.gov.in/hcservices/