Court dismissed a second anticipatory bail petition for sexual offences, abortion, and criminal intimidation, declining relief due to the petitioner's failure to appear at a previous mediation hearing and the nature of the accusations.
Anticipatory bail was denied; the criminal original petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.O.P.No.1721 of 2023
CRL.O.P.No.1721 of 2023
T.V.THAMILSELVI,J.
The petitioner, who apprehends arrest for the alleged offence
under Section 376, 312, 506(ii) of IPC and r/w Section 34 of the Indian Penal Code, 1860 in Cr.No.88 of 2022 on the file of the respondent police, seeks anticipatory bail.
3.The learned Additional Public Prosecutor appearing for the respondent would submit that this is the second anticipatory bail petition filed by the petitioner. When the earlier Crl.O.P.No.22078 of 2022 was taken up this Court has refers the matter before the Mediation Centre. Further, the petitioner had not appeared before the Mediation Centre.
1/3
CRL.O.P.No.1721 of 2023
Subsequently, the matter was listed before this Court on 22.12.2022 and that time there was no representation for the petitioner and hence, that petition was dismissed. Hence, he opposed to grant anticipatory bail to the petitioner.
4.Considering the submissions made by the learned Additional Public Prosecutor that the defacto complainant have been in love affair when the past 10 years, both of them having sexual intercourse, and when the defacto complainant conceived a baby, the petitioner had aborted the baby on 27.05.2022 without the defacto complainant's knowledge, this Court is not inclined to grant Anticipatory bail to the petitioner.
27.01.2023
vsn
2/3
CRL.O.P.No.1721 of 2023
T.V.THAMILSELVI, J.
vsn
CRL.O.P.No.1721 of 2023
27.01.2023
3/3
2 issues framed by the court
Whether anticipatory bail should be granted to a petitioner accused of sexual offences involving abortion without the complainant's knowledge given this is a second petition and the petitioner failed
Whether the petitioner's apprehension of arrest justifies the relief sought under the relevant sections of the IPC.
2 provisions across 1 enactments
T.V. Thamilselvi
Defacto Complainant
T.V.ThamilSelvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
