R. KALYANA SUNDARAM Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This appeal has been filed to set aside the order, dated 04.03.2021, made in Crl.M.P.No.322 of 2021 on the file of the Sessions Judge, Special Court for PCR Cases, Theni and enlarge the appellant on bail.

(2.) The case against the appellant is that the appellant by giving a false promise of marriage and has cheated the victim girl / defacto complainant and scolded her in filthy language and cause simple injuries and insulted the defacto complainant by mentioning her Caste name in the public. A case in Crime No.9 of 2020 for the offence under Sections 417, 376, 294(b), 323, 506(i) I.P.C. and Sections 3(1) (r), 3(1)(s), 3(2)(v) of SC/ST (POA) Amendment Act was registered by the second respondent. The appellant filed a petition before this Court in Crl.O.P. (MD)No.10482 of 2020, seeking anticipatory bail. On the direction of this Court, the appellant surrendered himself before the trial Court, but, the trial Court accepted the surrender and dismissed the bail petition. Against the same, the appellant preferred the appeal before this Court.

(3.) On the side of the appellant, it is stated that there was love affair between the appellant and the defacto complainant and they lived together. Subsequently, the appellant came to know that the defacto complainant is having intimacy with number of persons. She herself broke up with the appellant. The appellant got a Government Job and he got married with another lady. Subsequently, the defacto complainant lodged this complaint. The defacto complainant is an M.Sc., M.Phil., degree holder and she is doing Phd.,. The victim had a relationship with the appellant on her own consent, there is no question of rape and prayed the appellant to be released on bail.