K.Arun v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Sixth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18341 of 2021 K.ARUN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, DHARMAPURI DISTRICT.

(CRIME NO.10/2021) For Petitioner : M/S.S.CHINNASAMY 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 petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A) of I.P.C and Section 4 of TNPWH Act in Crime No.10 of 2021 seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant married the petitioner. Due to the said wedlock a child was born to them. It is alleged that when the defacto complainant was residing in her matrimonial home, the petitioner and in-laws of the defacto complainant abused her and driven her from the matrimonial home and they have planned to perform second marriage for the first petitioner. Hence, the defacto complainant has lodged a complaint against the petitioner.

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3.The learned counsel appearing for the petitioner would submit that there was some family dispute in the petitioner's family. That apart the petitioner has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) submits that the petitioner tortured the defacto complainant and demanded dowry from her. He further submits tht this Court had dismissed the anticipatory bail for the petitioner in Crl.O.P.No.13478 of 2021 dated 03.08.2021 and this is the second anticipatory bail petition. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioners.

5.Considering the facts and circumstances of the case and the main overt act is against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly this Criminal Original petition is dismissed. -sd/- 06/10/2021 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, DHARMAPURI DISTRICT.

CC to M/S.S.CHINNASAMY Advocate on payment of necessary charges CRL OP.18341/2021 Date :06/10/2021 RW 20/10/2021 https://hcservices.ecourts.gov.in/hcservices/