K.Saravana Rajasena v. The Inspector Of Police

CRL OP(MD). No.12623 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/11/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.12623 of 2020 K.Saravana Rajasena ... Petitioner/Petitioner/ Accused No.1 Vs State Rep. by The Inspector of Police, All Women Police Station, Tallakulam, Madurai City.

(In Crime No.38 of 2020).

... Respondent/Respondent/ Complainant For Petitioner : Mr.Mathew Moses, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 38 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner, who is arrayed as A1, apprehending arrest at the hands of the respondent police for the offence punishable under Sections 498(A), 406 and 313 IPC, in Crime No.38 of 2020, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant and the petitioner were married on 08.12.2019 at Madurai. After marriage, the petitioner compelled the defacto complainant to abort and demanded dowry. Hence, the present complaint. 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 the petitioner has filed a petition in H.M.O.P.No.358 of 2020 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.12623 of 2020 on the file of the Family Court, Madurai. Subsequently, the defacto complainant has received the summon and lodged a complaint before the respondent police. He further submitted that the petitioner is an innocent person and falsely implicated in this case. 5.The learned Government Advocate (Crl.Side), on instructions, submitted that due to matrimonial dispute, the petitioner compelled the defacto complainant to abort and demanded dowry. 6.This is the second application and there is no change of circumstances to entertain this application. Considering the facts and circumstances of the case and also considering the fact that the petitioner committed very serious and heinous offence and as such, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, this Criminal Original Petition stands dismissed.

sd/- 23/11/2020 / TRUE COPY / / /2020 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, ALL WOMEN POLICE STATION, TALLAKULAM, MADURAI CITY.

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

ORDER

IN CRL OP(MD) No.12623 of 2020 Date :23/11/2020 vsg JM/PN/SAR II/30.11.2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2