Nagaraj v. The Inspector Of Police
CRL OP(MD). No.16720 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/03/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.16720 of 2021 Nagaraj ... Petitioner/Accused No.1 Vs 1.The State represented by The Inspector of Police, All Women Police Station, Manapparai, Trichy District.
(Crime No. 11 of 2021).
2. Geetha ... Respondents/Complainants (R2 suo-motu impleaded as per order of this Hon'ble Court dated 18.02.2022 in Crl.Op.(MD).No.16720 of 2021 by KMSJ) For Petitioner : M/s.Prabu.M, Advocate.
For R1 : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) For R2 : Mr.R.Vinoth PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.11 of 2021 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/accused No.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 324 and 506(i) IPC, in Cr.No.11 of 2021, seeks anticipatory bail.
2.The case of the prosecution is that due to matrimonial dispute between the parties, the petitioner harassed the de-facto complainant by demanding additional dowry. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the marriage between the petitioner and the de-facto complainant was solemnized on 17.02.2019 and subsequently, there arose some misunderstanding between them and they were living separately. 4.The learned Government Advocate (Crl. side) would submit that the investigation is yet to be completed.
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CRL OP(MD). No.16720 of 2021 5.It is not in dispute that A2 and A3, who are the parents of A1, were already granted anticipatory bail by the learned Principal Sessions Judge, Thanjavur District. It is also not in dispute that the de-facto complainant also filed a petition in HMOP No.87 of 2021 seeking divorce and the same is also pending. 6.The learned counsel for the de-facto complainant would submit that the petitioner had harrased and attacked the de-facto complainant so many times and caused injuries and that while the First Information Report was registered against him, she was admitted in the hospital.
7.This Court, considering the submission made by the learned counsel for the petitioner, has referred the matter to the Mediation and the mediation report has been received as mediation ended in failure.
8.Considering the above facts and circumstances and also the nature of the charges levelled against the petitioner and that the investigation is yet to be completed, this Court is not inclined to grant anticipatory bail to the petitioner.
9.In the result, this Criminal Original Petition is dismissed. sd/- 23/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
SJI 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 ALL WOMEN POLICE STATION, MANAPPARAI, TRICHY DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.K.MUTHU ILAYARAJA Advocate SR.No.2445
ORDER
IN CRL OP(MD) No.16720 of 2021 Date :23/03/2022 SS/JM/SAR:II/01.04.2022 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2