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Madras High CourtCRL OP/13647/2023dismissed

Thirunavukarasu v. The State,Rep By,

2023-08-09Honourable Mr Justice Rmt. Teekaa Raman4 pages

and Crl.M.P.No.9623 of 2023 RMT.TEEKAA RAMAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 324 and 506(ii) of IPC @ 307 of IPC, in Crime No.104 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to matrimonial dispute, the petitioner, who is the husband of the defacto complainant, abused the defacto complainant in a filthy language, stabbed her in left and right of the hip and also threatened her. Hence the case.

3.The learned counsel for the petitioner submitted that the petitioner was working in abroad and earned money and send the money to the defacto complaiannt and when the petitioner returned back to the home and asked money from the defacto complainant, she refused to return money, for which, a wordy quarrel arose between them. In order to deviate the same, the defacto complainant has given this complaint with ulterior motive. He 1/4

further submitted that the petitioner has nothing to do with the alleged offence. Hence, he prayed for grant of bail to the petitioner. 4.Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that due to matrimonial dispute, the petitioner, who is the husband of the defacto complainant, abused the defacto complainant in a filthy language, stabbed her in left and right of the hip and also threatened her. He also submitted that the injured has been discharged from the hospital. However, he opposed for grant of bail to the petitioner.

5. Learned counsel for the intervenor submitted that the petitioner, who is a husband of the defacto complainant, abused the defacto complainant in a filthy language, stabbed her in left and right of the hip and also threatened her. Hence, he opposed for grant of anticipatory bail to the petitioner.

6.Heard the learned Counsel on either side and perused the materials available on record including the accident register. 2/4

7.Taking into consideration when the wife/defacto complainant has preferred a complaint against her own husband, the case was initially registered among other offences and subsequently based upon the statement of the defacto complainant, it was altered to Section 307 of IPC, this Court is not inclined to grant bail to the petitioner. 8.Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is also closed. 09.08.2023 vkr 3/4

RMT.TEEKAA RAMAN, J.

vkr and Crl.M.P.No.9623 of 2023 09.08.2023 4/4