Renugadevi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Renugadevi ... Petitioner/Intervenor / Defacto complainant Vs.

1.The State rep. by The Inspector of Police, All Women Police Station, Thallakulam, Madurai City.

(in Crime No.02 of 2024) ... 1st Respondent/Respondent / Complainant 2.J.Venkatesh ... 2nd Respondent / Petitioner/ Accused No.1 Prayer : Criminal Original Petition filed under Section 439(2) of the Code of Criminal Procedure, to call for records relating to the order dated 28.03.2024 made in Cr.M.P.No.1727 of 2024 on the file of the Principal District and Sessions Judge, Madurai and cancel the anticipatory bail granted to the 2nd respondent and commit him to the custody.

For Petitioner : Mr.R.Ramanujam, Advocate for M/S.Gandhi Associates For R1 : Mr.P.Kottaichamy Government Advocate (Crl.Side)

O R D E R

The petitioner has filed this Petition to call for records relating to the order 1/4

dated 28.03.2024 made in Cr.M.P.No.1727 of 2024 on the file of the Principal District and Sessions Judge, Madurai and cancel the anticipatory bail granted to the second respondent and commit him to the custody.

2. The petitioner, who is the wife of the the second respondent, is the defacto complainant has filed this application to cancel the anticipatory bail which has been granted by the Principal District and Sessions Judge, Madurai to her husband/Accused No.1.

3. The learned Counsel for the petitioner submits that the Principal District and Sessions Judge earlier dismissed three cancellation of bail application. The learned Counsel also relied on the order of the Hon'ble Supreme Court in SLP.(Crl.) No.213 of 2021 (G.R.Ananda Babu V. The State of Tamil Nadu) and on the orders of the Hon'ble Apext Court that without valid reason, the successive anticipatory bail application cannot be entertained.

4. This Court considered the submission of the learned counsel for the petitioner and also perused the orders of the Principal District and Sessions Judge. 2/4

5. It is only a matrimonial dispute, for the offences under Sections 498(A), 406, 323 and 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act. All the co-accused have also been granted anticipatory bail in Cr.M.P.No.296 of 2024 dated 11.01.2024, the trial Court satisfied that the investigation has been completed, thereafter only granted anticipatory bail to the accused.

6. There is no reason to interfere with the orders of the Principal District and Sessions Judge. Hence, this Criminal Original Petition is dismissed. sd/- 12/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MADURAI.

2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THALLAKULAM, MADURAI CITY.

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

ORDER

IN CRL OP(MD) No.8519 of 2024 Date :12/06/2024 SS/VR/SAR- /11/07/2024/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4