K. BALAMURUGAN Vs. STATE

JUDGEMENT

(1.) This petition has been filed by the petitioner challenging the impugned charge sheet filed against him in P.R.C. No.P. No. 5 of 2010 on the file of the learned Judicial Magistrate, Jayakondam, Ariyalur District.

(2.) The case of the prosecution is that the second respondent and the petitioner herein had a love affair for over two years prior to 15.10.2009. On 26.08.2009, the petitioner and the second respondent herein had exchanged garlands at Chidambaram Nataraja Temple without tying thali. On the same night, around 10:00 p.m., the petitioner had asked the second respondent to meet him in the hut behind her house. At that time, the petitioner had invited the second respondent to have sexual intercourse to which she had refused. Hence, the petitioner told her that they had already married and promised not to deceive her. Believing the petitioner's promise, the second respondent had accepted for the sexual intercourse. After that both of them had sexual relationship on many occasions. On 12.10.2009, the family members of the petitioner came to know about the relationship and hence both the petitioner and the second respondent had eloped to Chennai. When the whereabouts of the petitioner and the second respondent came to be known, the accused 2 to 4 who are the family members of the petitioner herein had invited the second respondent herein to return back and promised that they will marry her to the petitioner. However on 14.10.2009, when the second respondent had returned back to her village along with the petitioner, the accused 2 to 4 had used obscene words against the second respondent and had sent her alone from the place. Hence, the second respondent had given a complaint which came to be registered for the offences under Sections 417, 376, 394(b) and 506(i) IPC on 31.05.2010 which is impugned in the present petition.

(3.) Heard Mr. K.S. Arumugam, learned counsel for the petitioners and Mr. C. Iyyapparaj, learned Additional Public Prosecutor for the first respondent.