Madras High CourtCRL OP(MD)/20493/2021dismissed

S.Iyyappan v. The Inspector Of Police

2022-04-27Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.20493 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/04/2022 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.20493 of 2021 S.Iyyappan ... Petitioner/Accused No.1 Vs The State represented by The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

Cr.No.13 of 2021..

... Respondent/Complainant For Petitioner : M/s.Thalaimutharasu.G, Advocate.

For Respondent : Mr.P.Kottaisamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.13 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2.The petitioner, who apprehends arrest at the hands of the respondent Police, for the alleged offences punishable under sections 294(b), 498(A), 406, 506(ii) IPC r/w Section 4 of Dowry Prohibition Act, 1961, in Crime No.13 of 2021, on the file of the respondent police, seeks anticipatory bail.

3.The case of the prosecution is that the petitioner is the husband of the defacto complainant. After marriage, the petitioner had developed illegal intimacy with the second accused. When the same was questioned by the defacto complainant, the petitioner along with other accused abused the defacto complainant and also threatened her with dire consequences. Hence, the complaint. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.20493 of 2021 4.The learned counsel appearing for the petitioners submits that the earlier petition filed by the petitioners, seeking anticipatory bail was dismissed considering the fact that the petitioner availed a loan of Rs.43,00,000/-, by using the salary certificate of the defacto complainant and failed to repay the loan amount and he is also having illegal intimacy with the second accused.

5. This Court, in earlier occasion, appointed a Mediator to settle the issue. On 06.04.2022, it is reported that the petitioner has paid the part amount to the defacto complainant and sought for further time to pay the remaining amount. It is reported that as on date, he did not settle the remaining amount.

6. Considering the fact that there is no change in circumstances, after the dismissal of earlier petition, this Court is not inclined to grant anticipatory bail to the petitioner. 7.Accordingly, the Criminal Original Petition is dismissed. sd/- 27/04/2022 / TRUE COPY / 20/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.20493 of 2021 Date :27/04/2022 SS/SVR/SAR:II/20.05.2022 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2