G Mohan Babu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI 1 G.MOHAN BABU 2 R.GOVINTHARAJ 3 JOTHI ... PETITIONERS / ACCUSED 1 TO 3 Vs THE INSPECTOR OF POLICE MUDUKULATHUR POLICE STATION, RAMANATHAPURAM DISTRICT.

(IN CRIME NO.136 OF 2023) ... RESPONDENT / COMPLAINANT GURUSAMY ... INTERVENER/DEFACTO COMPLAINANT IN CRL.MP(MD).1496/2024 IN CRL.OP(MD).1560/2024 For Petitioner : Mr.K.SIVABALAN Advocate For Respondent : Mr.S.MANIKANDAN, Govt. Advocate ( Crl. Side) For Intervenor : Mr.B.ARUN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. 1/3

PRAYER:- FOR ANTICIPATORY BAIL IN CRIME NO. 136 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioners / accused apprehending arrest at the hands of the respondent Police for the offences punishable under sections 498(A), 294(b), 324, 506(i) IPC and Section 4 of Dowry Prohibition Act, 1981 in Crime No.136 of 2023 on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the wife of the first petitioner. After marriage, the petitioners herein and other accused have demanded additional dowry from the defacto complainant and they have also criminally intimidated her and caused grievous injuries. Hence, the complaint.

3. The leaned counsel appearing for the petitioners would submit that due to the matrimonial dispute, a false case has been foisted against the petitioners and seeks anticipatory bail.

4. The learned Government Advocate (Crl. Side) would submit that the petitioners herein have criminally intimidated the defecto complainant and caused grievous injuries and hence, he strongly, opposed to grant anticipatory bail to the petitioner.

5. The defacto complainant is appeared before this Court in a wheel chair 2/3

and due to attack made by the first accused, she is not able to move and walk due to hip fracture. If the petitioner is granted anticipatory bail, she indiscriminately afraid of her life in the hands of the petitioners.

6. Considering the facts and circumstances of this case, in view of the health condition of the defacto complainant and there is no change of circumstances, this Criminal Original Petition is dismissed.

sd/- 08/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE INSPECTOR OF POLICE MUDUKULATHUR POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.B.ARUN, Advocate ( SR-1675[I] dated 09/02/2024 )

ORDER

IN Date :08/02/2024 SA/GS/SAR. /28.02.2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3