Mathuprakash v. The Inspector Of Police
CRL OP(MD). No.13991 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.13991 of 2022 Mathuprakash ... Petitioner/Accused No.1 Vs
1. State Rep.by The Inspector of Police, All Women Police Station (A.W.P.S) Kovilpatti, Thoothukudi District.
Crime No. 11 of 2022.
... Respondent/Complainant
2. Indira ...2nd Respondent (*R2 suomotu impleaded as per order of the court dated 11/08/2022 in Crl OP(MD) No. 13991 /2022 by GIJ) For Petitioner : Mr.R. Karunanidhi,Advocate For 1st Respondent : Mrs.M.Aasha Government Advocate (Crl.Side) For 2nd Respondent : No appearance PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.11 of 2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 406, 498(A), 506(i) I.P.C and Section (4) of Dowry Prohibition Act, in Crime No.11 of 2022, on the file of the respondent police, seeks anticipatory bail.
2.
The case of the prosecution is that the first accused/petitioner married the defacto complainant on 27.11.2020 and https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.13991 of 2022 after marriage, they lived jointly with the other accused persons. The accused persons demanded dowry, abused her in filthy language and also threatened her with dire consequences. Hence, the complaint.
3. On the side of the petitioner, it is stated that the petitioner is innocent and he had not committed any such offence, as alleged by the prosecution. He is no way connected with the offence. Even prior to the occurrence, on 04.01.2022, A2 lodged a complaint against the defacto complainant and as a result, this false case was foisted against him. The co-accused were already enlarged on bail. Hence, prays to release him on anticipatory bail.
4. On the side of prosecution, it is stated that the first accused is the husband of the defacto complainant and the other accused are her in-laws. There is illicit relationship between A1 and A2, who is the sister-in-law of A1. The accused persons used to demand more dowry and harassed the defacto complainant. Investigation is not yet completed and hence, prayed to dismiss the petition.
5.Considering the facts and circumstances of the case, serious allegations levelled against the first accused/petitioner and nature of the offence and also considering the strong objection raised by the prosecution, this Court is not inclined to grant anticipatory bail to him.
6. Accordingly, this Criminal Original Petition stands dismissed.
sd/- 12/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION (A.W.P.S) KOVILPATTI, THOOTHUKUDI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13991 of 2022 pnm Date :12/10/2022 PKP/GB/SAR-2/17.10.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2