Sivakumar v. The Inspector of Police

Order : The petitioner / Accused No.1 apprehends arrest at the hands of the respondent for the offences punishable under Sections 417, 420, 376, 294(b), 354, 509, 493 and 506(i) of IPC, in Crime No.14 of 2023, on the file of the respondent and seeks anticipatory bail.

¶2The case of the prosecution as per the defacto complainant's version is that when she was studying MCA in Sasthra University, she was in love with the accused. Later their family also become friends. A promise was also made by the parents of the accused for performing the marriage. On 05.11.2022 at about 11 a.m., when she was alone in the house, she was subjected to sexual intercourse by the accused and that was also continued for some time, whenever occasion arose. After the marriage of the brothers, the accused started to avoid her. When that was enquired, no proper reply was given. He also requested to marry her. The cellphone of the accused was also later switched off. On the above said allegation, she filed the present complaint.

¶3Learned additional Public Prosecutor submitted that after registration of FIR, the petitioner has married the victim girl on 10.11.2023.

¶4In view of the development, this Court is inclined to grant relief to the petitioner.

¶5Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.II, Thanjavur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders and on further undertaking that he will not make any trouble to the defacto complainant and he must take care of her. The petitioner shall comply with the condition stipulated under Section 438 of Cr.P.C., scrupulously.

¶6The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail will stand dismissed.

sd/-

18/12/2023

/ TRUE COPY /

/01/2024

Sub-Assistant Registrar (C.S. I / II / III /IV)

Madurai Bench of Madras High Court,

Madurai - 625 023. PNN To

1.The Judicial Magistrate No.II, Thanjavur.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, All Women Police Station, Vallam, Thanjavur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.22772 of 2023 Date :18/12/2023 ED/ VR /SAR- (10/01/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) DATED:18.12.2023 PRESENT THE HON'BLE MR.JUSTICE G.ILANGOVAN Sivakumar ... Petitioner / Accused No.1 Vs. The State rep by, The Inspector of Police, All Women Police Station, Vallam, Thanjavur District. (Crime No.14 of 2023) ... Respondent / Complainant For Petitioner : Mr.S.P.Naveen Kumar, Advocate For Respondent : Mr.R.M.Anbunithi Addl.Public Prosecutor (Crl.side) ANTICIPATORY BAIL PETITION FILED under Section 482 of the Cr.P.C., Prayer : For Anticipatory Bail in Crime No.14/2023 on the file of the respondent police.