LAWS(MAD)-2022-11-39

A.VIJA Vs. STATE

Decided On November 10, 2022
A.Vija Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 3/10/2022, for the offences punishable under Ss. 376, 420 and 417 of IPC, in Crime No.320 of 2022, on the file of the respondent police, seeks bail.

(2.) The case of the prosecution as per the de-facto complainant/Tamizhmozhi is that she is working in a Computer Services shop and the petitioner was working in a neighbouring shop and they got acquainted with each other and met often and the petitioner agreed to marry her and on 6/9/2020, he along with his uncle had come to her home with marriage proposal and thereafter, they continued with physical relationship, subsequently, after some time, he refused to marry her. Hence, the case.

(3.) The learned counsel appearing for the petitioner would submit that the de-facto complainant, who is a matured lady aged about 34 years and the petitioner, aged about 27 years are working in nearby shops and they got acquainted with each other and there was a consensual physical relationship between them. He would further submit that the de-facto complainant compelled the petitioner to marry her and on finding that there was a vast age difference between them, petitioner's family members did not agree for the marriage and thereby, a false complaint has been given as against the petitioner. He would also submit that this is not a case where the petitioner had induced the de-facto complainant only with an intention to satisfy his lust and even as per the complaint, there was a consensual relationship between them for almost two years and thereby, he prays for grant of bail to the petitioner.