E. SURESH KUMAR Vs. STATE

JUDGEMENT

(1.) The appeal has been filed against the order passed in CMP. No. 3185 of 2019 in Crime No. 26 of 2019, by the learned Principal Sessions Judge, Salem, dated 15.10.2019, dismissing the said petition for bail.

(2.) The case of the prosecution as per the defacto complainant is that she belongs to the Adi-dravidar community and that the first accused/petitioner herein viz., Suresh Kumar belonged to MBC Vanniayar community and that they were living close by and that they were in love with each other for about eight years. On 12.09.2019, both the defacto complainant and Suresh Kumar had left their house without the knowledge of their parents and married on 12.09.2019 at Murugan Temple, Pazhani, and on 13.09.2019, they have given a complaint to the All Women Police Station, Sooramangalam to call for parents of both families to arrive at a compromise and thereafter, they have taken up a house at Salem Junction, Sooramangalam, Chinappa Nagar and living as husband and wife. While so, on 18.09.2019, the accused had informed that he did not like to live with her and abused her, by calling her caste name and sent her out of the house, saying that he had achieved his object of marrying a girl from the SC Community.

(3.) Based on the complaint given by the defacto complainant, a case in Crime No. 26 of 2019 was registered under Sections 294(b), 506(i) IPC and 3(1)(r) 3(1)(s) of SC/ST Act read with Section 4 of the Tamil Nadu Prohibition of Woman Harassment Act, 2002, against the petitioner and his parents. The petitioner was arrested on 20.09.2019 and remanded to the judicial custody on the same day. The petitioner had filed a petition in Crl. M.P. No. 3185 of 2019, seeking bail before the Court of learned Principal Sessions Judge, Salem, and the same was dismissed on 15.10.2019, by the impugned order. As against the same, the present appeal has been filed.