S.Ravichandran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.08.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR S.Ravichandran ... Petitioner/Sole Accused Vs The State represented by its The Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District.

(Crime No.323 of 2021).

... Respondent/Complainant For Petitioner : Mr.VR.Shanmuganathan, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory bail in Crime No.323 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 354(A)(i)(ii) and 506(2) IPC, Section 4 of Tamil Nadu Prohibition of Harassment of Women Act and Section 5 of Immoral Traffic (Prevention) Act, 1956, in Crime No.323 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that on 13.12.2021 at about 09.30 a.m., when the defacto complainant after dropping her physically challenged husband in the School, where he was working, was returning and while she was proceeding in a two wheeler along with her child, the petitioner came in a car with speed and stopped the car as if, the car was going to hit the two wheeler, that the complainant has fallen down, that the petitioner had abused her in 1/3

filthy language and threatened her to give her consent for prostitution or else at least to satisfy him and that the petitioner has also threatened that in case of her failure to do so, he would kill her by dashing his car against her. Hence, the complaint.

3. The petitioner's case is that after purchasing the property at Devakottai, he had faced lot of disturbance from the fake claimants, that he had approached this Court by filing petitions in Crl.O.P.(MD)No.18171 of 2021 and W.P.(MD)No.20716 of 2021 for protecting his right, that in the said process, the petitioner has finally succeeded in getting his FIR alive, after the dismissal of quash petition filed by the accused therein, that the same has mounted a dick on their mind and hence, they have planned to see the petitioner to face a criminal prosecution and in order to get the things done, they have set up the defacto complainant and lodged the above false complaint.

4. No doubt, the petitioner has filed a petition in Crl.O.P. (MD)No.20592 of 2021, under Section 482 Cr.P.C, directing the Police officials not to harass him under the guise of holding an enquiry and this Court vide order dated 23.12.2021, has issued directions for the disposal of the petition pending before the respondent police and in that petition, he has impleaded one A.Kannan as fourth respondent apart from the police officials.

5. Moreover, he has also filed a petition in Crl.O.P.(MD) No.18171 of 2021, under Section 482 Cr.P.C., seeking orders to transfer the investigation of the case in Crime No.480 of 2021 on the file of the Inspector of Police, Devakottai Town Police Station to the Inspector of Police, Anti Land Grabing Special, Sivagangai District and this Court vide order dated 22.11.2021 has granted the relief sought for.

6. It is seen from the records that the petitioner's earlier anticipatory bail applications in Crl.O.P.(MD)Nos.20079 of 2021 and 4909 of 2022 were dismissed by this Court, vide orders dated 18.02.2022 and 25.04.2022.

7. The learned Government Advocate (Criminal side) would submit that the petitioner is having nine previous cases and out of nine cases, five cases were already disposed of and four cases for similar offence are pending against him. He would further submit that the petitioner was earlier detained under the Goondas Act and the said order was quashed by this Court.

8. Considering the above facts and circumstances and also the seriousness and gravity of the offence alleged and also the facts that the petitioner is having four pending cases for similar offence and that investigation is not yet completed, this Court is not inclined to grant anticipatory bail to the petitioner. 2/3

9. Accordingly, this Criminal Original Petition is dismissed. sd/- 30/08/2022 / TRUE COPY / 08/09/2022 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.

TO

1. THE INSPECTOR OF POLICE, THIRUVADANAI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.VR.SHANMUGANATHAN, Advocate ( SR-9469[I] dated 02/09/2022 )

ORDER

IN CRL OP(MD) No.13036 of 2022 Date :30/08/2022 csm USK/VR/SAR-I/08.09.2022/3P/4C 3/3