Shenai v. The Sub Inspector Of Police

CRL OP(MD). No.10941 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.12.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.10941 of 2022 Shenai ... Petitioner/Accused No.1 Vs 1.State represented by The Sub Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

(Crime No.70 of 2021).

... Respondent/Complainant 2.Sharmila ... 2nd Respondent (R2 suo motu impleaded as per the order of this Court dated 21.06.2022 in Crl.O.P.(MD)No.10941 of 2022) For Petitioner :

Mr.K.Gokul, Advocate For R1 :

Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor For R2 :

Mr.P.T.Rameshraja, Advocate PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.70 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498(A) and 406 IPC and Sections 4 and 6 of Dowry Prohibition Act, in Crime No.70 of 2021, on the file of the respondent police, seeks anticipatory bail.

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CRL OP(MD). No.10941 of 2022

2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the first respondent would submit that charge sheet has already been filed and the case was taken on file in C.C.No.256 of 2022 and the learned Magistrate, while taking cognizance of the case has issued summons for the appearance of the accused including the petitioner herein.

3. Since the learned Magistrate has already issued summons, the question of granting anticipatory bail does not arise at all. The petitioner is at liberty to appear before the concerned Magistrate and if required, he shall execute a bond as directed by the learned Magistrate.

4. In the result, this Criminal Original Petition is dismissed. sd/- 20/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM 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 SUB-INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.10941 of 2022 Date :20/12/2022 USK/MMS/SAR-I/27.12.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2