Madras High CourtCRL OP(MD)/13124/2023disposed of

P.Balaji v. The Inspector Of Police

2023-07-19Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. P.Balaji

2. Madhumitha ... Petitioners / Accused No.1 & 2 Vs The State rep by The Inspector of Police, S.S.Colony Police Station, (Crime)Madurai District.

(Crime No.Not known).

... Respondent / Complainant For Petitioner :

M/s.Manojkumar.S, Advocate.

For Respondent :

Mr.B.Nambiselvan, Additional Public Prosecutor For Intervenor :

Mr.P.Chandrasekar, Advocate.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioners/Accused No.1 & 2, apprehending arrest at the hands of the 1/3

respondent police for the alleged offence punishable under Sections 294(b), 506(i), 406, 420, 120(b), 381 of IPC in Crime No.Not Known of 2023, on the file of the respondent police, seek anticipatory bail.

2.Reading of the enquiry file shows that complaint under Section 156(3) Cr.P.C. has been filed by one Brinda, which was forwarded to the respondent police. On that ground summon has been issued to the petitioner. Therefore, seeking anticipatory bail, this petition has been filed. 3.The learned counsel for the petitioner submits that he has also given a complaint against the defacto complainant. That was closed based on the undertaking given by the husband of the defacto complainant that they will settle the issue, in C.S.R.No.166 of 2023 on 02.03.2023. Thereafter, only the above said complaint has been given by the above said Brinda on 19.04.2023 before the learned Judicial Magistrate No.V, Madurai.

4.Let the petitioner appear before the respondent police for enquiry. The learned counsel for the defacto complainant is present and would submit that the above said defacto complainant gave birth to child, so she could not appear before the respondent. Let her appear through her representative. The respondent shall complete the enquiry, within a period of fifteen days from the date of receipt of a copy of this order. During the course of enquiry, if any trouble arises, the parties can 2/3

work out their remedy through appropriate manner. 5.With the above said directions and liberty, this criminal original petition stands disposed of.

sd/- 19/07/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM To 1.The Inspector of Police, S.S.Colony Police Station (Crime), Madurai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.MANOJKUMAR, Advocate ( SR-10979[I] dated 20/07/2023 )

ORDER

IN CRL OP(MD) No.13124 of 2023 Date :19/07/2023 ED/VR/SAR- (07/09/2023) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3