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Madras High CourtCRL OP/14937/2023disposed of

Suthakar Subramanian v. The Inspector Of Police

2023-07-06Honourable Dr Justice G. Jayachandran2 pages

Crl.OP.No. 14937 of 2023 Crl.OP.No.14937 of 2023 Dr.G. JAYACHANDRAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 498-A of IPC in Crime No.Not known of 2023 on the file of the respondent police, seeks anticipatory bail.

2. Apprehending arrest by the respondent police based on the complaint given by the wife, the present petition is filed by the petitioner seeking anticipatory bail.

3. The learned counsel for the petitioner states that due to a misunderstanding between the petitioner and his wife, the petitioner has filed a HMOP.No.929 of 2022 on the file of the Sub- Court, Poonamallee for divorce on the grounds of desertion and cruelty. The petitioner is employed in Malaysia and the marital discord has lead to filing of divorce petition. Meanwhile, the wife has given a complaint to the respondent police at Nagapattinam with frivolous contentions and hence, anticipatory bail may be granted.

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Crl.OP.No. 14937 of 2023 Dr.G.JAYACHANDRAN.,J.

mpl

4. The learned Government Advocate (Crl.side) states that based on the complaint given by Vinothini Balasubramanian, wife of the petitioner, CSR No.172 of 2023 is being taken up for enquiry and if the petitioner participate in the enquiry, they will not arrest him, unless any cognizable offence is made out against him, during the course of the enquiry.

5. In light of the above submissions, this criminal original petition is disposed of with a direction, that the petitioner may report before the investigating officer on summon and participate in the enquiry. If there is any default in cooperating with the enquiry, it is open to the respondent police to act in accordance with law for the default. 06.07.2023 mpl Crl.OP.No.14937 of 2023 2/2 https://www.mhc.tn.gov.in/judis