In a petition under Section 438 CrPC, the petitioner, apprehending arrest in a case alleging he sexually abused a de-facto complainant with a false promise of marriage, sought anticipatory bail. The court rejected the plea.
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CRL OP(MD).No.12401 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 14/09/2022
PRESENT
The Hon`ble Mrs.Justice R.THARANI
CRL OP(MD).No.12401 of 2022
Paulpandi ... Petitioner/1st Accused Vs
The State represented by The Inspector of Police, All Women Police Sttion, Paramakudi, Ramanathapuram District, in Crime No.33 of 2021. ... Respondent/Complainant
For Petitioner : M/s.M.S.Jeyakarthik Advocate.
For Respondent : Mr.M.Muthumanikkam Government Advocate (Crl.Side)
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C
PRAYER :-
For Anticipatory Bail in Crime No. 33 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :-
The petitioner/ Accused No.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 417 of IPC andn Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.33 of 2021, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner has sexually abused the defacto complainant with a false promise of marriage. The defacto complainant has gave birth to a child. Hence the complaint.
3.The learned counsel for the petitioner submitted that the petitioner is a married man and he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this https://www.mhc.tn.gov.in/judis case and pray the petitioner to be released on anticipatory bail.
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CRL OP(MD).No.12401 of 2022
6.Accordingly, this Criminal Original petition is dismissed.
sd/-
14/09/2022
/ TRUE COPY /
/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. pnn
TO
1.The Inspector of Police, All Women Police Sttion, Paramakudi, Ramanathapuram District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN
CRL OP(MD) No.12401 of 2022 Date :14/09/2022 RK/SVR/SAR-1(19/09/2022) 2P/3C
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2 issues framed by the court
Whether anticipatory bail should be granted to an accused apprehending arrest in a case alleging sexual abuse.
Whether the petitioner is eligible for release on bail given the nature of the offences under IPC and TN Harassment of Women Act.
1 provisions across 1 enactments
Paulpandi
The State
R. THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
