S.Deepak v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15714 of 2022 S.Deepak ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Medical College, Thanjavur.

(Crime No.623 of 2022).

... Respondent/Complainant For Petitioner : Mr.Jabexsa, Goodley.J, Advocate. For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.623 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner is facing charges under Sections 294(b) and 506 (i) IPC and Section 4 of Tamil nadu Prohibition of Harassment of Women Act, 2002 in Crime No.623 of 2022 on the file of the respondent police.

2.The case of the prosecution is that the defacto complainant lodged a complaint stating that she knew the petitioner that matrimony and marriage was also arranged between them. During one occasion, the accused person wanted to speak with her privately and on 20.02.2022, they were talking with each other in Sangam hotel and at that time, he tried to misbehave with her. That was objected and she picked up quarrel and so, she was taken to the house and dropped. Over the aforesaid occurrence, the case was registered earlier and in that case, he was released on bail.

3.In spite of the registration of the aforesaid case, he continued the trouble through phone. Over the behaviour, she consumed poison and was taken to the hospital and later, discharged after treatment. During the aforesaid treatment period, she gave the present complaint.

4.The learned counsel for the petitioner would submit that repeated complaints have been registered against the petitioner, since he was about to marry another girl. Over the aforesaid issue only, repeated complaints have been given.

5.The learned Government Advocate (Crl.side) for the respondent would submit that on the previous occasion, as mentioned in the present FIR, the case in Crime No.20 of 2022 was registered. 6.Reading of the aforesaid FIR shows that even at that time also, the petitioner refused to marry her on the ground that some other girl is going to be arranged for him. Subsequent to the aforesaid issue, again threat appears to have been made by the petitioner, over which the second FIR has been registered. Considering the fact that the petitioner was already granted bail in the aforesaid first Crime Number and again he indulged in such activities, he is not entitled for the discretionary relief of anticipatory bail.

7.This Criminal Original Petition deserves to be dismissed and accordingly, dismissed.

Sd/- 01/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

MM 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, MEDICAL COLLEGE, THANJAVUR

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

ORDER

IN CRL OP(MD) No.15714 of 2022 Date :01/09/2022 SP/SVR/SAR II/14/09/2022/3P/3C