Jothi @ Jothi Mahalingam v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12229 of 2020 Jothi @ Jothi Mahalingam ... Petitioner/1st Accused Vs.

The State represented by, The Sub Inspector of Police, All Women Police Station, Jayankondam, Ariyalur.

Crime No.13 of 2020 ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on anticipatory bail in connection with Crime No.13 of 2020, on the file of the respondent police. For Petitioner : Mr.M.Selvam For Respondent : Mr.M.Mohammed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A), 494, 294(b), 506(ii) of IPC r/w 109 of IPC, in Crime No.13 of 2020, seeks anticipatory bail.

The case of the prosecution as per the defacto complainant viz., Latha is that the marriage between her and petitioner took place on 09.09.2001 and they did not have any issues. Whileso, the petitioner had conducted his second marriage on 24.05.2020, while the earlier marriage was in subsistence. Hence, the complaint. The learned counsel appearing for the petitioner would submit that the defacto complainant is aware of the petitioner's second marriage and that the petitioner has also settled some amount in her favour. Hence, he prays to grant bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

The learned Additional Public Prosecutor appearing for the respondent would submit that when the earlier marriage was in existence, the petitioner had conducted his second marriage with another lady by supressing the earlier marriage. Hence, he vehemently opposed to grant anticipatory bail to the petitioner. Taking into consideration the facts and submissions made by the learned counsel, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition stands dismissed.

-sd/- 24/09/2020 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 JUDICIAL MAGISTRATE, NO.I, JAYAKONDAM, ARIYALUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, JAYANKONDAM, ARIYALUR.

CC to M/S. M.SELVAM Advocate on payment of necessary charges CRL OP.12229/2020 Date :24/09/2020 cs 06/10/2020 https://hcservices.ecourts.gov.in/hcservices/