Madras High CourtCRL OP(MD)/288/2020disposed of

Gurusamy v. The Inspector Of Police

2020-01-27Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.288 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.288 of 2020 1.Gurusamy 2.Ahilambal 3.Senthilkumar ...Petitioners/Accused 2 to 4 Vs The State rep.by The Inspector of Police, All Women Police Station, Tirupattur, Sivagangai District.

Crime No.not known of 2019. ... Respondent/Complainant For Petitioners : M/s.S.C.Herold Singh, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.Unknown of 2019 on the file of the Respondent Police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences under sections 498(A), 294(b) and 506(ii) of I.P.C., in Crime No.not known of 2019 on the file of the respondent police, seek anticipatory bail.

3. As on date no FIR has been registered. The grievance of the defacto complainant/Vijayalakshmi is that her husband appears to be remaining incommunicado. I am of the view that if that be the grievance, the remedy open to the defacto complainant/Vijayalakshmi is to file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955.

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CRL OP(MD). No.288 of 2020

4. The learned Government Advocate (Crl. Side) states that there is no proposal to register any FIR against the petitioners herein. If at all any FIR is registered, the petitioners will be put on notice so that the petitioners can file a fresh petition for anticipatory bail.

5. With these observations, this criminal original petition is disposed of.

sd/- 27/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TIRUPATTUR, SIVAGANGAI DISTRICT.

2.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.C.HEROLD SINGH Advocate SR.No.3433

ORDER

IN CRL OP(MD) No.288 of 2020 Date :27/01/2020 ias TK/PN/SAR.1/31.01.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2