Satheskumar@Sathishkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SATHESKUMAR@SATHISHKUMAR ... PETITIONER/PETITIONER/ ACCUSED 1 Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.

CR.NO.21/2022 ... RESPONDENT/COMPLAINANT For Petitioner : MR. MURUGAPPAN R 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. 21/2022 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/A1, who is facing trial for the offences punishable under Sections 494, 406, 420, 468, 471 & 506(1) of IPC in C.C.No.283 of 2024 on the file of the 1/4

Judicial Magistrate Court, Aruppukottai, Virudhunagar District, in Crime No.21 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the defacto complainant is the first wife of the petitioner, who is none other than her aunt's son. Due to matrimonial dispute, she left from the matrimonial house and stay with her mother and child under the care and custody of her maternal uncle. Thereafter, she filed maintenance petition in the year 2016 and the same was allowed. However, till date, the petitioner did not pay single money to the defacto complainant and his child. In such circumstances, the defacto complainant came to know that the petitioner married A3 and having 2 children by suppressing the first marriage and registered the second marriage before the Sub Registrar office as first marriage. Thereby, the defacto complainant made a complaint before the Law Enforcing Agency.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that this is the second anticipatory bail petition. Earlier petition filed by the petitioner in Crl.OP(MD)No.935 of 2024 was withdrew by the petitioner on 30.01.2024. He would further submit that the defacto complainant voluntarily left from the 2/4

matrimonial home. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the State would submit after completion of investigation, charge sheet was filed before the Judicial Magistrate Court, Aruppukottai, Virudhunagar District, and the same was taken on file in C.C.No.283 of 2024 and the trial is going on. 5.In view of the same, this Criminal Original Petition is dismissed with liberty to the petitioner to file an appropriate petition before the Judicial Magistrate Court, Aruppukottai, Virudhunagar District.

sd/- 14/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (CS-I/ II/ III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1.THE JUDICIAL MAGISTRATE , ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.

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3.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.R.MURUGAPPAN, Advocate ( SR-1908[I] dated 15/02/2024 )

ORDER

IN Date :14/02/2024 RK/GS(20/02/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4