Jagadish Lalith Kumar Patel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Jagadish Lalith Kumar Patel ... Petitioner / Accused rank not known Vs The State rep by The Inspector of Police, Courtallam Police Station Tenkasi District.

(Crime No. 24 of 2023.) ... Respondent / Complainant For Petitioner : M/s. Jameel Arasu for M/s.M.P Vinayagam, Advocate.

For Intervenor : M/s.P.M.Vishnuvardhanan, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.24 of 2023 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/accused who apprehends arrest at the hands of the respondent police for the offences punishable under sections 147, 294(b), 324, 427, 366, 506(ii), 212, 120(B) of I.P.C r/w 34 of I.P.C, in Crime No. 24 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant viz., Vineeth is that he is working as a Software Engineer and there was a love affair between him and one Kuruthika Patel, who is the daughter of A1. Since he belongs to a different community, her 1/3

family was against their love and thereby, he and the said Kuruthika Patel eloped and got married on 27.12.2022 at Nagercoil. Meanwhile, the first accused lodged a complaint regarding marriage of his daughter and thereby, the defacto complainant and his wife came to the Police station for enquiry. During enquiry, Kuruthika Patel had informed that she is living with the defacto complainant. Whereas, on 14.01.2023, when they went to the hospital, the first and second accused quarrelled with them. Therefore, the defacto complainant had lodged a complaint and an enquiry was conducted. On 25.01.2023, the defacto complainant, his wife, his father and his brother have came to the Police Station and attended the enquiry and returned to their home in his car bearing Registration No.TN 76 AE 2328.

When the car was nearing to Elanji Alan Chips Shop at about 02.30 p.m., the accused persons came in a car bearing Registration No.TN 76 AC 6363, dashed the defacto complainant's car and caused damages to the left side windshield of the car, by an iron rod. Apprehending life threat, the defacto complainant and others went into the Ragavendra Timber Shop's office, where the accused persons followed them, abused and assaulted the defacto complainant's party and also kidnapped his wife/victim in their Car and fled away. Hence, the complaint.

3. Heard both side and perused the materials available on record including the First Information Report.

4. Even till today the victim was not secured by the police. A perusal of the order passed by the Hon'ble Division Bench of this Court in HCP(MD) No.148 of 2023 reveals the fact that the victim girl does not want to go with her parents and she went along with her paternal uncle, hence this court is not inclined to grant anticipatory bail to the petitioner.

5. Hence the petition stands dismissed.

sd/- 15/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV To 1.The Inspector of Police, Coutrallam Police Station, Tenkasi District.

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2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.P.M.VISHNUVARTHANAN, Advocate ( SR-4228[I] dated 15/03/2023 )

ORDER

IN CRL OP(MD) No.4898 of 2023 Date :15/03/2023 ED/MMS/SAR-2 (21/03/2023) 3P 4C 3/3