M Ansar v. Inspector Of Police

Crl.O.P.No.22019 of 2023 G.CHANDRASEKHARAN.J., The petitioner namely M.Ansar, herein seeks anticipatory bail for the offence punishable under Sections 294(b), 354A(1)(i) and 506(1) of IPC in Crime No.233 of 2023 on the file of the respondent police. 2.The learned counsel for the petitioner submitted that, petitioner is an innocent person and he has been falsely implicated in this case as an accused for the offence punishable under Sections 294(b), 354A(1)(i) and 506(1) of IPC in Crime No.233 of 2023. He is in judicial custody from 22.06.2023. Apprehending arrest, this petition is filed.

3. In reply, the learned Additional Public Prosecutor submitted that, marital life between the defacto complainant and her husband is running into rough weather. On the instigation of the defacto complainant's husband, petitioner on 11.06.2023 at about 11.30.p.m., knocked the door of the defacto complainant's house. When defacto complainant opened the door, petitioner forcibly entered into the house 1/4

and abused the defacto complainant in filthy language and also torn her dress, squeezed her breast and tried to rape her and he also made criminal intimidation. 1st accused is absconding and the investigation is pending. Hence, he opposed for grant of bail to the anticipatory petitioner.

4. Considered the submissions and perused the records.

5. This is the second bail petition filed by the petitioner. Earlier anticipatory bail petition was dismissed by this Court in Crl.O.P.No.16501 of 2023 on 28.07.2023, for the reason that, 1st accused is still absconding and 1st accused is the one who instigated this petitioner to commit the offence alleged above.

6. Considering the nature and seriousness of offence alleged to have been committed by the petitioner against the defacto complainant, this Court is of the view that, custodial interrogation of the petitioner and co-accused is necessary. Investigation is still pending. Co-accused is absconding. 2/4

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 25.09.2023 gd G.CHANDRASEKHARAN. J.

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