Ananthan v. The Inspector Of Police
CRL OP(MD). No.15930 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.15930 of 2021 Aananthan, ... Petitioner/Sole Accused Vs State Rep by, The Inspector of Police, Keelavalavu Police Station, Madurai District.
(Crime No. 288 of 2021) ... Respondent/Complainant For Petitioner : Mr.B.Muniswaran, Advocate for Mr.S.J.Chakkkaravarthy,Advocate.
For Respondent : Mr.R.M.S.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.288 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent Police, for the offence punishable under Sections 294(b), 323 IPC r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.288 of 2021 on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that on 05.10.2021, when the petitioner was grazing his sheep and cows in the defacto complainant's field, the defacto complainant questioned the same, for which the petitioner abused her in filthy language, pushed her down and also threatened her with dire consequences.
3. The learned counsel for the petitioner submits that the petitioner and the defacto complainant are residents of the same village. On the date of occurrence, when the petitioner was grazing his sheep and cows, the defacto complainant and others have https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD). No.15930 of 2021 threatened the petitioner. After some time, the petitioner's son went to the field of the defacto complainant, the defacto complainant and others caught hold of his son. When the petitioner came to the defacto complainant's field, the defacto complainant attacked him with wooden log, due to which, he sustained injuries. The petitioner was admitted in the Government Hospital, Melur. Thereafter, the petitioner gave a complaint against the defacto complainant and others and the same was registered in Crime No.287 of 2021 for the offence under Sections 147, 148, 294(b), 342, 323, 324 and 506(i) of IPC. Hence, it is a case and counter case. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor submits that the investigation is still pending.
5. Considering the nature of offence and also considering the fact that the investigation is still pending and also the fact that section 4 of Tamil Nadu Prohibition of Harassment of Women Act is a non-bailable offence, this Court is not inclined to grant anticipatory bail to the petitioner.
6. In the result, the 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.
OGY 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 KEELAVALAVU POLICE STATION, MADURAI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.15930 of 2021 Date :12/10/2021 PKP/PN/SAR-2/20.10.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2