A.Joseph Maruthaiya v. State Rep By

Crl.O.P.No.18251 of 2023 G.CHANDRASEKHARAN.J., The petitioner namely Joseph Maruthaiya, who was arrested and remanded to judicial custody on 10.07.2023 for the offences punishable under Sections 294(b), 354(d). 469, 509, 506(ii) of IPC read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act2002 in Crime No.166 of 2023 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is an innocent person and she has been falsely implicated in this case. He further submitted that, now, marriage between the defacto complainant's daughter Dr.Subha and Dr.Praveen Kumar was over. The allegations made in the FIR are totally false. Petitioner is in Judicial Custody from 10.07.2023. Thus, he seeks bail to the petitioner.

3. In response, the learned Additional Public Prosecutor submitted that, petitioner applied his devious mind to marry the defacto complainant's daughter Dr. Subha. Petitioner also threatened he defacto complainant's wife not to give her daughter Dr. Subha to Dr. Praveen Kumar. In this regard, police complaint was given before the respondent 1/4

police. Petitioner appeared before the respondent police and he had given an undertaking that, he would not indulge in similar activities and therefore that, complaint in C.S.R.No.241 of 2023 was not pressed. Subsequently, petitioner had sent the copy of the C.S.R.No.241 of 2023 to the bride groom's family with a view to stop the marriage. Petitioner also made phone call to bride groom's parents and informed that they should not go ahead with the marriage between Dr.Praveen Kumar and Dr.Sudha and if they proceed with the marriage, he would not allow the marriage to continue and also threatened that, he would kill them. Investigation in this case is not completed.

4. Considered the rival submissions and perused the records. It is seen from the FIR allegations that, petitioner, being at an age of 43 wanted to marry the defacto complainant's daughter aged about 32 years. However, defacto complainant's daughter has not acceded the request to marry him and when the marriage arrangements between her and one Dr.Praveen Kumar were made, petitioner tried to stop the marriage between them in so many ways. Not only that, petitioner threatened that he would not allow their marriage to continue and also made criminal 2/4

intimidation that, he would kill them. Taking into consideration the facts and circumstances of the case and also the fact that investigation in this case is not completed, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original petition is dismissed. 11.08.2023 Sma 3/4

G.CHANDRASEKHARAN,J.

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