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Madras High CourtCRL OP(MD)/10541/2022dismissed

M.Ramasamy v. The Inspector Of Police

2022-06-20Honourable Mr Justice G.Ilangovan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.10541 of 2022 M.Ramasamy ... Petitioner/1st Accused Vs State rep.by The Inspector of Police, All Women Police Station, Sattur, Virudhunagar District.

(Crime No.6 of 2021).

... Respondent/Complainant For Petitioner : M/s.Mariappan N, Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.6 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 494, 498(A) of IPC and Section 4 of Dowry Prohinition Act in Crime No.6 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.This Court by the order dated 16.10.2022 dismissed the anticipatory bail petition on the ground that the petitioner had performed second marriage and living with the second wife. 3.Even though the matter was referred to Mediation, it could not be settled. The reason for non settlement is that there was a huge demand by the defacto complainant.

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4. Heard both sides.

5. During the course of arguments, the learned counsel for the petitioner submitted that the petitioner is ready to surrender and file a bail application before the concerned Court. Therefore, this Court may issue a direction to the concerned Court to consider the petitioner's bail application on the very same day itself. Such a direction cannot be issued by this Court and the bail application has to be decided only on merits by the concerned Court. Now, this petitioner is not entitled to anticipatory bail.

5. Accordingly, this Criminal Original Petition is dismissed. Sd/- 20/06/2022 / TRUE COPY / /06/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

tta 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 Inspector of Police, All Women Police Station, Sattur, Virudhunagar District.

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

ORDER

IN CRL OP(MD) No.10541 of 2022 Date :20/06/2022 SP/SVR/SAR II/29/06/2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/