Madras High CourtCRL OP(MD)/17094/2024disposed of

S.Mahamani v. The State Of Tamilnadu

2024-11-27Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/11/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH S.Mahamani ... Petitioner/Sole Accused Vs.

1.The Inspector of Police, All Women Police Station, Thiruverumbur, Trichy District.

Crime No.28 of 2024.

... Respondent/Complainant (*)2.Saranya ... 2nd Respondent (*)(R2 is Suo-Motu impleaded as Per Order of the Court dated 04.10.2024 in Crl.O.P.(MD).No.17094 of 2024) For Petitioner :

Mr.M.Kannan, Advocate.

For Respondent :

Mr.A.Albert James, Government Advocate (Crl.Side) For Intervener :

Mr.M.Mohana Sundaram, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.28 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- 1/3

The petitioner / Sole Accused, who apprehends arrest at the hands of the respondent Police, for the offence under Sections 498(A), 494 and 406 of IPC r/w Section 4 of Dowry Prohibition Act in Crime No.28 of 2024, on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that there was a matrimonial dispute between the petitioner and the defacto complainant. There are totally four accused persons in this case and the petitioner has been arrayed as Accused No.1. 3.Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Criminal Side) appearing for the first respondent Police and the learned counsel appearing for the second respondent.

4. It is seen from records that earlier Accused No.1 and the defacto complainant decided to dissolve the marriage by mutual consent and promised to pay a sum of Rs.14,00,000/- and out of this amount, only a sum of Rs.5,00,000/- was paid. Thereafter, Accused No.1 was not able to pay the money and therefore, the petition itself was closed. The FIR came to be registered thereafter.

5. Taking into consideration the facts and circumstances of the case and considering the fact that there is a matrimonial dispute between the parties, the first respondent is directed to follow the procedure adumerated under Section 35 of BNSS Act and complete the investigation as expeditiously as possible. 2/3

6. This Criminal Original Petition is disposed of with the above direction. sd/- 27/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUVERUMBUR, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.17094 of 2024 Date :27/11/2024 RS/SKN/SAR-(09.12.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3