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Madras High CourtCRL OP(MD)/16149/2020ordered

S.Sakthivel v. The Inspector Of Police

2021-06-25Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD) No.16149 of 2020 6149CRLOPBEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fifth day of June Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD) No.16149 of 2020 S.SAKTHIVEL ... PETITIONER / SOLE ACCUSED Vs STATE REPRESENTED THROUGH THE INSPECTOR OF POLICE, RAMESWARAM ALL WOMEN POLICE STATION, RAMESWARAM, RAMANATHAPURAM.

CRIME No.5 of 2020. ... RESPONDENT / COMPLAINANT For Petitioner : Mr.P.MANIKANDAN, Advocate For Respondent : Mr.R.M.ANBUNITHI, Additional Public Prosecutor(Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as sole accused, apprehending arrest at the hands of the respondent police for the offence punishable under Sections 498(A) of I.P.C. and Section 4 of Dowry Prohibition Act in Crime No.5 of 2020 on the file of the respondent police, seeks anticipatory bail.

2.On earlier occasion, the matter was referred to mediation by granting interim anticipatory bail to the petitioner on 30.12.2020 and both the parties were directed to appear before the Mediation Centre attached to the District Legal Services Authority, Ramanathapuram, for mediation. A report was received from the mediation Centre attached to the District Legal Services Authority, Ramanathapuram, stating that even though the mediation conducted for 6 days, there is no settlement between the parties. 3.The learned counsel for the petitioner submitted that the the mediation failed only due to the failure on the part of the defacto complainant, but on seeing the record it is revealed that it is not correct statement.

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CRL OP(MD) No.16149 of 2020 4.It is seen that a divorce petition has been filed by the petitioner before the Sub Court, Ramanathapuram, in H.M.O.P.No.70 of 2020 and the same is pending. Whether there is any harassment, demanding of dowry can be found only during the course of investigation and trial.

5.Considering the facts and circumstances of the case, the interim anticipatory bail already granted to the petitioner is made absolute.

sd/- 25/06/2021 / 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, RAMESWARAM, RAMANATHAPURAM.

2.-DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3.THE INSPECTOR OF POLICE, RAMESWARAM ALL WOMEN POLICE STATION, RAMESWARAM, RAMANATHAPURAM DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.16149 of 2020 Date :25/06/2021 cp MS/VR/SAR-2/30.06.2021/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2