Madras High CourtCRL OP/18024/2021dismissed

Sarathkumar v. State Rep.By Its

2021-09-28Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18024 of 2021 SARATHKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP.BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, PODHAATTURPET POLICE STATION, THIRUVALLUR.

(CR.NO.505/2021) For Petitioner : M/S. R.VIVEKANANTHAN Advocate For Respondent : MR.C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence punishable U/S 294(b), 323, 506(i) of IPC r/w 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.505 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner while driving a vehicle, dashed the defacto complainant. Due to which, there was a wordy quarrel between the petitioner's family and the defacto complainant's family. It was further alleged that the petitioner pulled the defacto complainant's daughter hand and misbehaved with her. Hence, the law enforcing agency registered a case against the petitioner.

3.The learned counsel appearing for the petitioner submits that the petitioner did not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case and he further submits that it was purely a family dispute between them. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submits that there is one previous POCSO case pending as against the petitioner. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

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5.Considering the facts and circumstances of the case and also the considering that there is one POCSO case pending as against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 28/09/2021 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, PODHAATTURPET POLICE STATION, THIRUVALLUR.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. R.VIVEKANANTHAN Advocate on payment of necessary charges CRL OP.18024/2021 Date :28/09/2021 CSK 08/10/2021 https://hcservices.ecourts.gov.in/hcservices/