Mohamed Anish v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/11/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Mohamed Anish ... Petitioner/Accused No.1 Vs The State of Tamil Nadu, Rep by the The Inspector of Police, All Women Police Station, Cantonment AWPS, Trichy District, Tamil Nadu Crime No. 29/2023.

... Respondent/Complainant For Petitioner : M/s. Sakthivel.R, For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS / 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 29 of 2023 on the file of the respondent Police. 1/3

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 498(A), 323, 506(i) IPC r/w Section 4 of TNPHW Act in Crime No.29/2023 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 defacto complainant and A1. The accused persons are said to have demanded dowry and the defacto complainant was treated with cruelty and the gold jewellery that belonged to the defacto complainant was given by A1 to other woman with whom he was having illicit relationship. 3.The matter was sent for mediation and the parties were not able to reach the settlement. Hence, mediation report has been prepared and the case has been posted before the Court.

4.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent. 2/3

5.Taking into consideration of the facts and circumstances of the case and also considering the fact that matrimonial dispute is involved in this case and custodial interrogation may not be required in this case, there shall be a direction to the respondent Police to follow the procedure adumbrated under Section 35 of BNSS Act and complete the investigation as expeditiously as possible. 6.Accordingly, this petition stands disposed of. sd/- 28/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1.The Inspector of Police, All Women Police Station, Cantonment AWPS, Trichy District,

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.SAKTHIVEL, Advocate ( SR-14707[I] dated 29/11/2024 )

ORDER

IN CRL OP(MD) No.20883 of 2024 Date :28/11/2024 RK/SKN(06/12/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3