Charles Abraham v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Seventh day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.11088 of 2021 CHARLES ABRAHAM [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE, [ RESPONDENT ] ALL WOMEN POLICE STATION PULIYAKULAM, PULIYANKULAM, COIMBATORE CITY, COIMBATORE -641 045.

CR NO.1/2021.

For Petitioner : M/S. M.SARFUDEEN ALI AHAMED Advocate For Respondent : MR. A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 498A, 506(ii) of IPC and 66E of Information Technology Act, in Crime No.1 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.This is the second anticipatory bail application before this Court. There are totally four accused and the petitioner is arrayed as A1. The case of the prosecution is that the petitioner and in-laws harassed the defacto complainant and driven her from the matrimonial home. Hence, the law enforcing agency registered a complaint against the petitioner.

3.The learned counsel appearing for the petitioner would submit that there was some family dispute between the petitioner and the defacto complainant, due to which a false complaint has been lodged against the petitioner and the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that other three accused persons were granted anticipatory bail by this Court in Crl.O.P.No.1829 of 2021 dated 27.04.2021. Hence, he prays for grant of anticipatory bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) would submit that the petitioner along with other family members ill-treated the defacto complainant and harassed her and the petitioner had filed a restitution of conjugal rights petition before the Family Court, Coimbatore in ID O.P.No.1106 of 2020 and the same is pending. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the case is under investigation and there is no change in circumstances to consider the anticipatory bail petition of the petitioner. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 07/07/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION PULIYAKULAM, PULIYAKULAM, COIMBATORE CITY, COIMBATORE -641 045. 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. M.SARFUDEEN ALI AHAMED Advocate on payment of necessary charges CRL OP.11088/2021 Date :07/07/2021 APN 20/07/2021 https://hcservices.ecourts.gov.in/hcservices/