Thalavai v. The Inspector Of Police
CRL OP(MD). No.15864 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/10/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD). No.15864 of 2021 Thalavai ... Petitioner/2nd Accused Vs.
The State Rep.by The Inspector of Police, Nanguneri Police Station, Tirunelveli District.
(Crime No.335 of 2021) ... Respondent/Complainant For Petitioner : Mr.D.Venkatesh, Advocate For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.335 of 2021 on the file of the respondent Police.
ORDER : The Court made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 387 and 506 (ii) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.335 of 2021 on the file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail.
2.The case of the prosecution is that the defacto complainant gave a sum of Rs.12,000/- as advance to the first accused for construction of her house. However, the first accused neither commenced the work nor repaid the amount. The defacto complainant demanded the money back from the first accused. Due to the same, on 19.09.2021, at about 08.00 pm, while the defacto complainant was standing outside her house, the accused came there, abused her in filthy language, snatched a sum of Rs.1,000/- from her by showing sickle and threatened her with dire consequences. Hence, the complaint.
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CRL OP(MD). No.15864 of 2021
3. The learned counsel for the petitioner would submit that the main accused/A1 has been arrested and he is in jail. Further, the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.
4.The learned Additional Public Prosecutor opposed this petition on the ground that the petitioner/A2 along with A1 snatched a sum of Rs.1,000/- from the defacto complainant by threatening her with sickle.
5. Considering that fact that the petitioner/A2 along with A1 threatened the defacto complainant by showing sickle and took away Rs.1,000/- from her, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.
sd/- 12/10/2021 / 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 INSPECTOR OF POLICE, NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.15864 of 2021 Date :12/10/2021 mbi MS/VR/SAR-3/20.10.2021/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2