M.Prakash v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Tenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.21028 of 2021 M.PRAKASH [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, BHAVANI, ERODE DISTRICT (CRIME NO.16/2021) For Petitioner : M/S.M.MARIAPPAN Advocate For Respondent : MR.A.GOKULAKRISHNAN, ADDITIONAL PUBLIC PROSECUTOR 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 under sections 498(A) of IPC, in Crime No.16 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.

The case of the prosecution is that the marriage of the first petitioner and the defacto complainant was performed in the year 2014. It is alleged that A1 along with other family members harassed the defacto complainant by demanding more dowry and it is further alleged that A1 performed second marriage with A7 and further A7 derlivered a male child. Hence the defacto complainant lodged a complaint before the Law Enforcing Agency. 3.The learned counsel appearing for the petitioner submits that the petitioner is no way connected with the occurrence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that A1 had filed a divorce petition before the family Court, Erode in H.M.O.P.No.89 of 2020. He further submits that co- accused were granted anticipatory bail by trial Court in Crl.MP.No.

1857/2020 Hence, he prays for grant of anticipatory bail to the petitioner.

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4. The learned Additional Public Prosecutor submits that the investigation is still pending. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the nature of allegation levelled against the petitioner and also considering that the investigation is at initial stage, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 10/11/2021 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 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, BHAVANI, ERODE DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.MARIAPPAN Advocate on payment of necessary charges CRL OP.21028/2021 Date :10/11/2021 RVR 18/11/2021 https://hcservices.ecourts.gov.in/hcservices/