Madras High CourtCRL OP(MD)/13402/2021withdrawn dismissed

Shanmugam v. The Sub Inspector Of Police

2021-10-05Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.13402 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.13402 of 2021 1.Shanmugam 2.Santha Kumari ... Petitioners/Accused Rank not known Vs The state represented by The Sub Inspector of Police, Narikudi Police Station, Virudhunagar District.

Crime.No. Not known of 2021 ... Respondent/Complainant For Petitioners : M/s.Jothibasu.M, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No. Not Known of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 324 and 506(ii) of IPC r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 2002, in Crime No. not Known of 2021, seek anticipatory bail.

2.The case of the prosecution is that due to previous motive, the petitioners abused the defacto complainant in filthy language and also attacked her with stick and also threatened her with dire consequences. Therefore, the present case came to be registered. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.13402 of 2021 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the petitioners are also assaulted by the defactoc complainant. 4.Considering the rival submission, this Court is inclined to grant interim anticipatory bail to the petitioners for a period of two weeks. The petitioners are directed to appear before the respondent police daily for a period of two weeks and co-operate with the investigation. The respondent police shall find out the involvement of these petitioners in the alleged offence, if any and file a report before this Court on the next hearing. 5.While granted interim anticipatory bail, the learned counsel for the petitioners submits that the petitioners are not ready to appear before the respondent police and sought a permission of this Court to withdraw this petition.

6. In view of the above request made by the learned counsel appearing for the petitioners, this petition is dismissed as withdrawn.

sd/- 05/10/2021 / TRUE COPY / / /2021 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 SUB INSPECTOR OF POLICE NARIKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.13402 of 2021 Date :05/10/2021 (3/3) tta SS/VR/SAR-III/20.10.2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2