B.Balanathan v. The State Rep.By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fifteenth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.25340 of 2018 B.BALANATHAN [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY, [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VIRUDACHALAM, CUDDALORE DIST.

CR.NO.21 OF 2018 For Petitioner : M/S.T.V.G.KARTHEEBAN Advocate For Respondent : MRS.PRABHAVATHI, ADDL. PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A1 who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 420, 498 (A), 294(b), 506(i) of IPC, in Crime No.21 of 2018 on the file of the respondent police, seeks anticipatory bail.

2.It is the case of the prosecution that the 1st petitioner is the husband of the defacto complainant and the other petitioners are the in-laws of the defacto complainant. The marriage of the 1st petitioner and the defacto complainant was solemnized on 22.01.2018. Thereafter, there was a family dispute between the first petitioner and the defacto complainant stating that the 1st petitioner is an impotent and thereby the petitioners have cheated the defacto complainant and arranged for a marriage and they have also demanded additional dowry from the defacto complainant. Hence the complaint. 3.The learned counsel for the petitioner would submit that the earlier anticipatory bail application of the petitioner filed before this Court in Crl.O.P.No.21756 of 2018 was dismissed by an order dated 07.09.2018.

The change of circumstance for this anticipatory bail is that the defacto complainant has also lodged another complaint before the W-31, All Women Police Station, St. Thomas Mount, which was forwarded to the Social Welfare Officer for further enquiry, and the same has been observed by this Court in Crl.O.P.No.16418 of 2018, by an order dated 09.08.2018, in which this Court has directed the petitioner to co-operate for further enquiry.

Hence, a case has been registered as against the petitioner by the respondent police.

4.The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution.

There is no specific overtact against him. Accordingly, he prays for grant of anticipatory bail. 5.The learned Additional Public Prosecutor appearing for the State would submit that the petitioner cheated the defacto complainant by suppressing the fact that he is an impotent, and unfit for married life. No other case is pending as against the petitioner. 6.Considering the above facts and circumstances of the case, and as the defacto complainant has also filed another complaint before the respondent police viz., St.Thomas Mount Police Station, in which this Court has directed the petitioner to appear before the Social Welfare Officer and to co-operate for further enquiry and also this Court is inclined to grant anticipatory bail to the petitioner. 7.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Additional Mahila Court, Allikulam, Egmore, Chennai-600 003, on condition that the petitioner shall execute a bond for a sum of Rs.

(b)the petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required.

-sd/- 15/11/2018 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 ADDL. MAHILA COURT, ALLIKULAM, EGMORE, CHENNAI-600 003.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VIRUDACHALAM, CUDDALORE DIST.

+1 CC to M/S.T.V.G.KARTHEEBAN Advocate on payment of necessary charges-Sr.21602 CRL OP.25340/2018 Date :15/11/2018 ths : 20.11.2018