M.Vijaybabu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Eleventh day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.21051 of 2021 M.VIJAYBABU [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, AMBUR, THIRUPATHUR DISTRICT.

CR.NO. 10 OF 2021.

For Petitioner : M/S. T.SARAVANAN 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 294(b), 323, 506(i), 494, 498 (A) of IPC r/w Sec 4 of Dowry Prohibition Act 1961 in Cr.No.10 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is the husband of the defacto complainant and he is alleged to have demanded dowry from the defacto complainant and harassed her and also got second marriage. Hence, the defacto complaint lodged a complaint against the petitioner.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner got second marriage with one Krishnaveni and the case for divorce between the petitioner and the defacto complainant is pending before the family court. Hence, he prays for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Additional Public Prosecutor submitted that the husband of the defacto complainant/petitioner demanded dowry and harassed her. He further submitted that the petitioner, without giving divorce to the defacto complainant got second marriage with one Krishnaveni. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and that during pendency of the divorce case between the petitioner and the defacto complainant, there is allegation that he got 2nd marriage, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the petition seeking anticipatory bail is dismissed.

-sd/- 11/11/2021 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, AMBUR, THIRUPATHUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. T.SARAVANAN Advocate on payment of necessary charges CRL OP.21051/2021 Date :11/11/2021 RVR 18/11/2021 https://hcservices.ecourts.gov.in/hcservices/