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Madras High CourtCRL OP/15285/2023granted

Jayakaran Vasudevan v. State Rep By

2023-08-25Honourable Mr Justice Rmt. Teekaa Raman4 pages

RMT.TEEKAA RAMAN, J.

The Petitioner, who apprehends arrest for the alleged offences under Section 143, 447, 341, 294 (b), 384 & 506 (ii) of IPC in Crime No.258 of 2019 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the Petitioner was married to the Defacto Complainant and there was some matrimonial dispute between the parties which resulted in lot of quarrel between the parties. On 06.06.2018 at about 07.30 pm, when the Defacto Complainant had left the house and had returned back at 10.15 pm, she found the entire house locked and she was stopped from entering the into the house of the Accused. Hence the complaint.

3.The learned counsel for the Petitioner would submit that the present case is a clear abuse of process of law adopted by the Defacto Complainant. This is the second application for anticipatory bail filed by the Petitioner and the Petitioner was earlier granted anticipatory bail by this Court in 1/4

Crl.O.P.No.5285of 2019 vide Order dated 27.02.2019. However, due to personal reasons, he was unable to furnish the sureties and thereby, the earlier order has got lapsed and the present anticipatory bail has been filed. 4.The learned Government Advocate (Crl. side) appearing for the respondent Police would submit that investigation was completed in this matter and charge sheet has been filed and the same was taken on file as CC.No.225 of 2022, on the file of the learned Judicial Magistrate, Ambattur. Hence, he vehemently opposed to grant anticipatory bail to the Petitioner. 5.Heard the learned counsel for the Petitioner as well as the learned Government Advocate (Crl. side) and perused the entire materials available on record.

6.Taking into consideration the facts of the case and the submissions made by the learned counsel on either side and the fact that charge sheet has already been filed and taken on record by the learned Judicial Magistrate, Ambattur. The Petitioner is directed to appear before the Court below on 2/4

receipt of summons.

7.Accordingly, this Petition is allowed.

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RMT.TEEKAA RAMAN, J.

sai 25.08.2023 4/4