Madras High CourtCRL OP(MD)/6276/2021dismissed

Sathish Kumar v. The Inspector Of Police

2021-04-30Honourable Mr Justice G. Chandrasekharan2 pages

CRL OP(MD)No.6276 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD)No.6276 of 2021 Sathish Kumar ... Petitioner/Sole Accused Vs State Rep.by, The Inspector of Police, Musiri Police Station, Trichy District.

(Crime No.164 of 2021) ... Respondent/Complainant For Petitioner : Mr.M.Suresh, Advocate For Respondent : Mr.R.Erottuchamy, Government Advocate(Crl.sid) PRAYER :- For Bail in Crime no.164 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who was arrested on 08.04.2021 for the offences punishable under Sections 448, 294(b), 354, 323, 306 & 506(i) IPC r/w Section 4 of the Tamil Nadu Prohibition of Women Harassment Act, 2002 in Crime No.164 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant and the petitioner are relatives. The petitioner was involved in several illegal activities. Therefore, she told him not to come to her house. However, the petitioner used to go to the defacto complainant's house and pick up quarrel with her. On 31.03.2021, at about 07.30 pm., the petitioner went to the house of the defacto complainant and abused her and when the daughter of the defacto complainant asked him why he scolded the defacto complainant, he abused her also and grabbed her hair and thrown out of the house and also torn her dress. Due to the act of the petitioner, the daughter of the defacto complainant attempted to commit suicide by hanging and the defacto complainant saved her. Hence, the complaint. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD)No.6276 of 2021 3.The learned counsel for the petitioner submitted that the petitioner is an innocent and he is in custody from 08.04.2021. He further submitted that the occurrence said to have taken place on 31.03.2021 and FIR was registered only on 08.04.2021. There is delay in preferring complaint and therefore, he seeks bail to the petitioner.

4.The learned Government Advocate(Crl.Side) appearing for the respondent would submit that the investigation in this case is pending.

5.It is seen that there is delay in giving complaint. However, this aspect will be considered only at the time of trial. Considering the allegation levelled against the petitioner and the fact that investigation in this case is in preliminary stage, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed. sd/- 30/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 SUPERINTENDENT, CENTRAL PRISON, TRICHY.

2.THE INSPECTOR OF POLICE, MUSIRI POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.6276 of 2021 Date :30/04/2021 sm PK/VR/SAR-IV/21.05.2021 : 3P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2