VAITHEESWARAN Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) Heard learned counsel appearing for the appellant and the learned Additional Public Prosecutor appearing for the respondents 1 and 2. Though notice was served, none appears for the defacto complainant / third respondent.

(2.) This appeal has been filed against the order, dated 29.06.2020, made in Cr.M.P.No.407 of 2020, on the file of the III Additional District Session Judge (PCR), Madurai, and enlarge the appellant on bail.

(3.) The allegations levelled against the appellant are that the appellant and the defacto complainant were having love affair and the appellant made a false promise to marry the defacto complainant and had sexual intercourse with her and later, he refused to marry her, since the defacto complainant belongs to a different community. Hence, a case was registered under Sections 376 , 417 I.P.C. r/w Sections 3(1)(r) , 3(1)(W) (1) of SC/ST (POA) Act, 2015, in Crime No.337 of 2020. The appellant filed a bail petition before the III Additional District Session Judge (PCR), Madurai, in Cr.M.P.No.407 of 2020 and the learned Judge dismissed that petition on 29.06.2020. Against the dismissal of that petition, the appellant has come forward with this Criminal Appeal.