Madras High CourtCRL OP(MD)/4377/2020disposed of

Joshuva Franklin v. The Inspector Of Police

2020-03-11Honourable Dr Justice G. Jayachandran2 pages

CRL OP(MD). No.4377 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/03/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD). No.4377 of 2020

1. Joshuva Franklin

2. B.Peter Daniel

3. Vasugy Selva Mary

4. Kiruba Malar

5. James Dhananayagam ... Petitioners/Accused Rank Not Known Vs State rep.by The Inspector of Police, All Women Police Station(A.W.P.S), Tallakulam, Madurai City, Madurai District.

... Respondent/Complainant For Petitioners: Mr.Henri Tiphange, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory bail in Crime No.Not Known of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 498(A) and 506(1) of I.P.C., in Crime No.Not Known of 2020, on the file of the respondent police, seek anticipatory bail. 2.Heard the learned counsel on either side.

3.The learned Government Advocate (Crl. side) would submit that a complaint has been given by one Elizabeth Hanna against her husband and in-laws alleging dowry harassment. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.4377 of 2020 4.However, on reading the petition, this Court finds that the marriage between the de-facto complainant and the first petitioner has taken place only on 26.12.2019. Thereafter, the first petitioner has filed IDOP No.13 of 2020, before the Principal District Court, Madurai, alleging that the marriage was not even consummated. The de-facto complainant has also given a complaint to the respondent police and the same is under enquiry.

5.In the said circumstances, this Court is of the view that the parties shall participate in the enquiry proceedings and co-operate with the respondent police to complete the investigation. Till then, the petitioners shall not be arrested.

6.Accordingly, this Criminal Original Petition stands disposed of.

sd/- 11/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION(A.W.P.S), TALLAKULAM, MADURAI CITY, MADURAI DISTRICT.

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

+1 CC TO M/S.R.KARUNANITHI, Advocate ( SR-5149[I] dated 11/03/2020 )

ORDER

IN CRL OP(MD) No.4377 of 2020 Date :11/03/2020 MS/PN/SAR-1/19.03.2020/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2