1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eleventh day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.14073 of 2011 GOUTHAMAN ... PETITIONER/ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, AMBASAMUDRAM, TIRUNELVELI DISTRICT. (CRIME NO.27 OF 2011) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S.S.THESIGAN Advocate For Respondent : MR. K.S.DURAI PANDIAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the sole accused in Crime NO.27 of 2011 for offences under Sections 376 and 420 of IPC on the file of the respondent police. The petitioner was arrested on 25.09.2011. He has come forward with this petition seeking bail. 2.According to the case of prosecution, the petitioner is a married man. The victim girl was also given in marriage to someone else. But she is not living with her husband and she is living with her parents. The petitioner is her neighbour. Slowly he developed intimacy with her and gave a false promise that he would marry her as second wife and on that false promise, eh had sexual intercourse with her on several occasions, which has resulted in her pregnancy. Now she is 8 months pregnant. After the same has come to light, the petitioner has disowned the child in the womb. On these allegations the present case has been registered. 3.The learned counsel for the petitioner would submit that the petitioner is prepared to undergo medical examination and co-operate with the investigation. He would further submit that since he has already got https://hcservices.ecourts.gov.in/hcservices/ 2 married, the cannot go for a second marriage and accordingly, the petitioner is entitled for bail. 4.I have considered the above submissions. 5.The fact that he cannot marry the de-facto complainant would have been known to him even before he started developing intimacy with the woman and having sexual intercourse with her, which resulted in pregnancy. A married man knowing the consequence having illegal intimacy with a woman has given a false promise and has committed sexual intercourse with her. Now the child is going to born in the next two months and on that day, when the child is born, it will not be known who the father is. The petitioner is also not prepared to own the child because of the above events. Therefore, the offences said to have been committed by the petitioner cannot be taken lightly as like any other offences. It is a serious offence affecting the very morality of the society. Therefore, the petitioner does not deserve for the relief of bail at this stagte. sd/- 11/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI 2.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION,AMBASAMUDRAM, TIRUNELVELI DISTRICT. 3.THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. S.S.THESIGAN Advocate SR.No.39434 ORDER IN CRL OP(MD) No.14073 of 2011 Date :11/11/2011 TR :14.11.2011: 2P/5C https://hcservices.ecourts.gov.in/hcservices/