Madras High CourtCRL OP/17090/2021dismissed

Prabhu v. The Inspector Of Police

2021-09-17Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Seventeenth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.17090 of 2021 PRABHU [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] TIRUPATTUR ALL WOMEN POLICE STATION, TIRUPATTUR DISTRICT.

CR.NO.1 OF 2021.

For Petitioner : M/S.KARAN AND UDAY Advocate For Respondent : M/S. A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS The petitioner, who apprehends arrest for the alleged offence under Sections 294(b),498(A), 506(ii) of IPC and Section 4 of Dowry prohibition Act 1961 in Crime No.1 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and the defacto complainant are husband and wife. The petitioner along with other accused persons harassed the defacto complainant and demanded dowry from her. Hence, the law enforcing agency registered a case against the petitioner and other accused persons. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submits that after dismissal of previous anticipatory bail, the petitioner requested the defacto complainant for living together, but the defacto complainant refused the same. Hence, he prays for grant of anticipatory bail to the petitioner.

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4.The learned Government Advocate would submit that this is the second anticipatory bail application filed by the petitioner and this Court has already dismissed the earlier anticipatory bail application of the petitioner. Also the petitioner tortured the defacto complainant, abused her in filthy language and assaulted her physically and demanded dowry and finally, he driven out the defacto complainant from the matrimonial house. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner. 5.Considering the gravity of offence and the earlier anticipatory bail petition was dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this criminal original petition is dismissed. -sd/- 17/09/2021 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 TIRUPATTUR ALL WOMEN POLICE STATION, TIRUPATTUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.KARAN AND UDAY Advocate on payment of necessary charges CRL OP.17090/2021 Date :17/09/2021 APN 29/09/2021 https://hcservices.ecourts.gov.in/hcservices/