Poongodi v. Ajith Kumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twenty Sixth day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL MISCELLANEOUS PETITION No.12190 of 2021 IN CRL OP.13755 of 2021 POONGODI [ PETITIONER / DE-FACTO COMPLAINANT ] Vs 1 AJITH KUMAR [ RESPONDENT / PETITIONER ] 2 THE STATE REP BY [ RESPONDENT / COMPLAINANT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ERODE DISTRICT CRIME NO.10 OF 2020 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to cancel the Anticipatory Bail order passed in Crl.O.P.No.13755 of 2021 by this Honourable Madras High Court dated 11.08.2021 and pass such other orders deems fit and proper for the circumstances of the case and thus render justice.
Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.N.CHINNARAJ, Advocate for the Petitioner and of MR.C.S.SARAVANAN, on behalf of the 1st Respondent and of MR.L.A.J.SELVAM, Govt. Advocate (Crl. Side), on behalf of the 2nd Respondent the court made the following order:- This miscellaneous petition has been filed to cancel the anticipatory bail granted to the first respondent in Crl.OP.No.13755 of 2021 by this Court on 11.08.2021.
2. Heard, Mr.N.Chinnaraj, the learned counsel for the petitioner, Mr.L.A.J.Selvam, Government Advocate(Crl.side) appearing for the second respondent, and Mr.C.S.Saravanan, the learned counsel for the first respondent.
3. On the complaint lodged by the petitioner, the second respondent registered FIR in Cr.No.10 of 2020 for the offences under Sections 498(a), 354, 355, 294(b), 506(i) & 506(ii) of IPC alleging that the first respondent had love affair with the petitioner for ten years and thereafter got married. During the initial stage of pregnancy of the petitioner, the first respondent kicked in her stomach and assaulted her, due to which she was aborted. Thereafter she was admitted in the hospital. While pending the investigation in the said crime, the petitioner was threatened by the first respondent to withdraw the complaint lodged by her. She had sent complaint through registered post before the Superintendent of Police, Erode on 15.09.2021. However, subsequent threatening happened on 23.08.2021 at about 02.00 p.m. while the petitioner came to SCS Hospital, Erode where she is working. Therefore, this Court finds no grounds to cancel the anticipatory bail granted to the first respondent herein and this petition is devoid of merits.
4. Accordingly, this miscellaneous petition is dismissed. However, the second respondent is directed to complete the investigation and file final report in Cr.No.10 of 2020 before the jurisdictional Magistrate within a period of twelve weeks from the date of receipt of copy of this order.
-sd/- 26/11/2021 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 JUDICIAL MAGISTRATE, NO.III, ERODE.
2 THE CHIEF JUDICIAL MAGISTRATE ERODE [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ERODE DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
C.C. to M/S.N.CHINNARAJ Advocate on payment of necessary charges Order in CRL MP.12190/2021 in CRL OP.13755/2021 Date :26/11/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 02/12/2021