S.Ayyadurai v. The Inspector Of Police

CRL OP(MD). No.12070 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/11/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.12070 of 2020 S.Ayyadurai ... Petitioners/Sole Accused Vs The State rep.by, The Inspector of Police, Devarkulam Police Station, Tirunelveli District.

Crime No.348 of 2020. ... Respondent/Complainant For Petitioner : Mr.B.Karuppasamy, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No.348 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is the sole accused, apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 324, 506(ii) of I.P.C. r/w Section 4 of Tamilnadu Women Harassment Act, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner married the defacto complainant and due to family dispute between them, the petitioner attacked the defacto complainant and also had broken her leg and hand.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

4.The learned counsel appearing for the petitioner submitted that in order to grab huge amount from the petitioner, a false complaint has been foisted as against the petitioner herein. In fact, the petitioner also filed a divorce petition in H.M.O.P.No.73 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.12070 of 2020 of 2019, which is pending before the Subordinate Court, Tirunelveli. While being so, the present false case has been foisted against the petitioner and the petitioner nothing involved in any crime as alleged by the defacto complainant. Hence, he prayed for grant of anticipatory bail to the petitioner.

5.The learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that due to family dispute, the petitioner attacked the defacto complainant, namely, his own wife and there by, she sustained grievous injury and fracture on her leg and hand and still she is under medical treatment and admitted as in-patient.

6. It is seen that the petitioner is none other than the husband of the defacto complainant, they got married and thereafter, there was a family dispute between them. While being so, the petitioner attacked the defacto complainant and had broken her leg and hand. Now she admitted in hospital as in-patient. Considering the facts and circumstances of the case, this Court is not inclined to allow this petition.

7. Accordingly, this Criminal Original Petition is dismissed. sd/- 05/11/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE, DEVARKULAM POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.12070 of 2020 Date :05/11/2020 LS PK/JC/SAR-IV/18.11.2020 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2