C. Dhavamani v. State Of Tamilnadu Rep By Inspector Of Police, Myladumparai
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI C.Dhavamani, S/o.Chandran ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Myladumparai Police Station, Theni District.
(Crime No.36 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Vijayakumar, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/4
PRAYER :- For Anticipatory Bail in Crime No.36 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 75, 115(2), 296(b) and 329(4) of BNS, 2023 in Crime No.36 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 20.06.2025, the petitioner misbehaved with the de-facto complainant while she was alone at her house. Hence, the present case.
3. The learned counsel for the petitioner submitted that the petitioner and the de-facto complainant are neighbours, and since there was a land dispute between them, a false case has been registered against the petitioner by the de-facto complainant. He submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He, however, submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner. 2/4
4. The learned Government Advocate (Criminal Side) submitted that the petitioner is the sole accused in this case. The petitioner, after consuming alcohol and in the absence of the de-facto complainant's husband, entered her house and misbehaved with her. The investigation in this case is still pending. He further submitted that three previous cases of different nature have been registered against the petitioner, which are as follows :
Sl.
Nos.
F.I.R. in U/s.
1.
Crime No.26 of 2009 294(b) of IPC.
2.
Crime No.14 of 2022 143 and 341 of IPC 3.
Crime No.16 of 2022 147, 294(b), 332, 353, 355, 427 and 506
(2) of IPC Hence, he opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case, the gravity of the offence, the fact that the FIR was registered on 21.06.2025 and the case is at a preliminary stage of investigation, and also taking note of the fact that there are 3 previous cases registered against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.
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6. Accordingly, this Criminal Original Petition is dismissed. sd/- 30/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
MKN TO 1 THE INSPECTOR OF POLICE, MYLADUMPARAI POLICE STATION, THENI DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.10904 of 2025 Date :30/06/2025 NM/11.07.2025/ 4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4