Mani@Manikandan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Mani@ Manikandan ... Petitioner/Sole Accused Vs 1.The State rep.by The Inspector of Police, Mukkudal Police Station, Tirunelveli District, Tirunelvelil.
(Cr.No. 305 of 2021).
... Respondent/Complainant
2. Ramalakshmi (R2 Suo Motu impleaded as per order of this Hon`ble Court dated 16.12.2021 in Crl.OP(MD) No.18418 of 2021) For Petitioner : M/s.RAJESH KUMAR.R, Advocate.
For Respondent : Mr.P.KOTTAI CHAMY, Government Advocate (Crl.Side) For Intervener : Mr.R.GOWRI SHANKAR Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 305 of 2021 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/Sole Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 506(ii) of IPC and Section 4 of TNPWH Act, in Crime No.305 of 2021 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the defacto complainant is the sister of the wife of the accused/petitioner. The marriage was arranged to the defacto complainant by this petitioner. But, later, the real intention came to her notice. On 23.08.2021, the first occurrence took place. By which, the accused person damaged 1/3
the household articles as well as the windows. Over which, the grand mother of his husband, gave a complaint before the Mukkudal Police Station. On 27.09.2022, when the defacto complainant went to see grand mother of her husband, she was intercepted by the accused. They abused her in filthy language and also made some indecent demand. She was also criminally intimidated by him. Over which, present case has been registered against the petitioner. 3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.
4.Finding that it is a dispute between the close relatives, the matter was referred to mediation. But, it could not be settled for one or other reason.
5.Only objection raised by the learned Government Advocate (Crl. Side) is that the petitioner is having 27 previous cases. Even after filing of this petition, another crime has been reported against the petitioner.
6.The learned counsel for the petitioner would submit that those criminal cases have been registered for different issue. Which are not related to the present case. According to him, now, he is in Thirupur. The defacto complainant is in her native village. The petitioner is ready to file an undertaking affidavit for amicable settlement.
7.The learned counsel for the Intervener would submit that even though the allegations that has been made in the complaint are not readable and uncivilised.
8.Considering the previous occurrence damaging the household articles as well as the house of the grant mother of the husband of the defacto complainant, the petitioner is not entitled for discretionary relief of anticipatory bail. The petitioner may surrender before the respondent police for regular bail. 9.In view of the above, this Criminal Original Petition is dismissed.
sd/- 19/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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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, MUKKUDAL POLICE STATION, TIRUNELVELI DISTRICT, TIRUNELVELIL.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.18418 of 2021 Date :19/07/2022 SA/PN/SAR.4/28.07.2022/3P/3C 3/3