Madras High CourtCRL OP(MD)/19630/2024disposed of

Mohan v. The State Of Tamilnadu

2024-11-14Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Mohan ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep. by the Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District.

In Crime No.26/2024.

... Respondent/Complainant For Petitioner : M/s. Vinoth. R, For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.26 of 2024 on the file of the Respondent police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 85 and 115(2) BNS (hereinafter referred to as new penal code) in Crime No.26 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there is a matrimonial dispute between the parties and the petitioner is said to have married another woman and he is having one female child. When it was questioned, the petitioner is said to have scolded the defacto complainant in filthy language and slapped her on her cheek. 3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent. 4.Taking into consideration of the facts and circumstances of the case and also considering that matrimonial dispute is involved in this case and custodial interrogation may not be required in this case, the respondent Police is directed to follow the procedure adumbrated under Section 35 of BNSS Act. 2/3

5.Accordingly, this criminal original petition is disposed of with the above direction.

sd/- 14/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.R.VINOTH, Advocate ( SR-14037[I] dated 14/11/2024 )

ORDER

IN CRL OP(MD) No.19630 of 2024 Date :14/11/2024 SS/SKN/SAR- /06/12/2024/ 3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3