Sundaram v. The Special Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Third day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SUNDARAM ... PETITIONER / SOLE ACCUSED Vs THE SPECIAL SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUPPARANKUNDRAM, MADURAI DISTRICT.
CRIME NO.26 OF 2023.
... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.PANDEESWARAN Advocate For Respondent : Mr.P.KOTTAICHAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:
FOR ANTICIPATORY BAIL IN CRIME NO.26 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.
ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent Police for the alleged offence under Sections 498(A) and 506(i) of IPC in Crime No.26 of 2023, seek anticipatory bail.
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2.The case of the prosecution is that the petitioner and the defacto complainant are the husband and wife and their marriage was solemnised on 01.09.2021 in th presence of their respective family members. Thereafter, the defacto complainant started to live with her husband in his house. Subsequently, there was matrimonial dispute between them. Thereby, the defacto complainant lodged a complaint before the All Women Police Station, Bavani. At that time of enquiry, there was compromise between them. On the same day, the defacto complainant returned to her matrimonial home and subsequently, she was sexually assaulted by the petitioner and in the result, the defacto complainant underwent heavy blood flow and she was admitted in the hospital. Thereby, the complaint.
3. The learned counsel appearing for the petitioner would submit that that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Further, he would submit that there is no serious allegation made against the petitioner. Hence, he prays for grant of anticipatory bail. 4.The learned Government Advocate (Crl.Side) submitted that due to the sexual assault made by the petitioner, the defacto complainant suffered from heavy blood flow. Hence, he opposed to grant anticipatory bail to the petitioner. 2/3
5. Considering the facts and circumstances of the case and also considering the serious allegations levelled against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. sd/- 23/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU TO 1 THE SPECIAL SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUPPARANKUNDRAM, MADURAI DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN Date :23/01/2024 SS/JGB/SAR- /29/01/2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3