Nelson v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/10/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN
1. Nelson
2. Arivalagan ... Petitioners/ Accused A1 & A2 Vs
1. State Rep.by The Inspector of Police, All Women Police Station, Vadamadurai, Dindigul District.
Crime No.10 of 2020..
2. K.Viji (R2 Suo Motu Impleaded as Per Order of this Court dated 04.09.2020 in CRL OP(MD). No.8555 of 2020) ... Respondents/Complainants For Petitioners: M/s.A.Aruljenifer, Advocate.
For R-1 : Mrs.M.Anandha Devi, Government Advocate (Crl.Side) For R-2 : Mr.S.Sarvagan Prabhu, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For an Anticipatory Bail in Crime No. 10 of 2020 in the file of the respondent police.
ORDER : The Court made the following order :- The petitioners who are arrayed as A-1 & A-2 apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 498(A), 354(b) and 506(i) of IPC, in Crime No.10 of 2020 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the defacto complainant got married the first petitioner herein. The allegation is that the 1/3
father-in-law of the defacto complainant has attempted to misbehave with her and the same was not questioned by the first petitioner/ A-1. Hence, the complaint.
3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent.
4.The learned counsel appearing for the petitioners submitted that the petitioner has produced a prescription given by the doctor to the defacto complainant, dated, 26.08.2020. He further submitted that the defacto complainant is suffering from some mental disorder disease and therefore, her mind set is not stable and as such a false complaint has been lodged against the petitioners. Hence, he seek anticipatory bail.
5. Heard the learned Government Advocate (Crl. Side) appearing for the respondent police.
6. It is seen from the records that, this Court by order, dated 30.07.2020 already dismissed the anticipatory bail to the petitioners herein, since there are very serious allegations as against the petitioners, in particularly the father-in-law of the defacto complainant.
7. On perusal of the certificate prescribed to the defacto complainant, dated 26.08.2020, the reasons stated in the certificate are no way connected with the allegations made in the complaint. Therefore, this Court is not inclined to entertain this Criminal Original Petition.
8. Accordingly, the Criminal Original Petition stands dismissed.
sd/- 05/10/2020 / TRUE COPY / / /2020 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.
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TO 1 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VADAMADURAI, DINDIGUL DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.8555 of 2020 Date :05/10/2020 MS/VR/SAR-4/08.10.2020/3P.3C 3/3