Ganapathy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.02.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.3950 of 2022 Ganapathy ... Petitioner/Accused No.1 Vs State rep.by The Inspector of Police, All Women Police Station, Aruppukkottai, Virudhunagar District.

(Crime No.27 of 2013) ... Respondent/Complainant For Petitioner : M/s.T.Indrachithu, Advocate. For Respondent : M/s.M.Muthumanikkam, Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.27 of 2013 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498(A) and 294(b) IPC r/w Section 4 of Dowry Prohibition Act, in Crime No.27 of 2013 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that there existed matrimonial dispute between the parties, the petitioner and his family members abused the defacto complainant, who is the wife of the petitioner, in filthy language and also harassed her. Hence, the complaint. 3.It is seen from the records that charge sheet has already been filed and the same was taken on file in C.C.No.176 of 2013 and that the case is pending for past 9 years.

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4.The learned counsel for the petitioner would submit that at the time of registering the FIR, the petitioner is in abroad and now only he has come to India. Since the Non-Bailable Warrant (NBW) is pending against the petitioner, he was forced to file the present application.

5.Since the Non-Bailable Warrant (NBW) is pending against the petitioner from 2013 onwards, this Court is not inclined to grant any relief to the petitioner.

6.In the result, this Criminal Original Petition is dismissed. Sd/- 28/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ARUPPUKKOTTAI, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.3950 of 2022 Date :28/02/2022 SP/VR/SAR I/03/03/2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/