Madras High CourtCRL OP(MD)/13669/2017closed

Arul Rajasekaran v. The Inspector Of Police

2017-10-10Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Tenth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13669 of 2017 ARUL RAJASEKARAN ... PETITIONER / SOLE ACCUSED Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO. NOT KNOWN/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MUTHUKUMAR Advocate For Respondent : Mr.K.ANBARASAN,Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b) and 498(A) of IPC., in Crime No.Not Known of 2017, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the marriage between the defacto complainant and the first petitioner was solemnized on 12.09.2005. Due to the illegal intimacy of her husband with another woman, in the month of April, 2016, the defacto complainant left the matrimonial home and she is living separately for the past one year and lodged a complaint before the law enforcing agency. Based on the complaint, case has been registered for the above said offences. 3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. According to him, the defacto complainant made allegations against the petitioner and lodged a false complaint and voluntarily left the matrimonial home and living separately.

4. The learned Government Advocate (Criminal side) appearing for the State, on instructions, would submit that based on the direction of the Hon'ble Supreme Court and as per the direction of this Court, each and every District have formed a District Level https://hcservices.ecourts.gov.in/hcservices/

Committee in order to settle the issues related to Section 498(A) of IPC cases. Accordingly, the case was referred to the District Level Committee for proper decision. Hence, this anticipatory bail petition is pre-matured one.

5. Recording the statement made by the learned Government Advocate (Crl. Side), this Criminal Original Petition is closed as pre-matured. However, if any adverse order passed by the District Level Committee, it is open to the petitioners to work out the remedy in the manner known to law.

sd/- 10/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SIVAGANGAI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.MUTHUKUMAR Advocate SR.No.32403

ORDER

IN CRL OP(MD) No.13669 of 2017 Date :10/10/2017 MV:RR-BS:SAR4:13/10/2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/