Madras High CourtCRL OP(MD)/22076/2024disposed of

K Sivaelankovan v. State Of Tamil Nadu

2024-12-13Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH K.Sivaelankovan ... Petitioner / Sole Accused Vs The State of Tamil Nadu Represented by the Inspector of Police, Narikudi Police Station, Virudhunagar District.

(Crime No.205 of 2024) ... Respondent / Complainant For Petitioners: Mr.A.C.Asaithambi, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) For Intervenor : Mr.A.R.Kannappan, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. 1/3

PRAYER :- For Anticipatory Bail in Crime No.205 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 296(b), 115(2), 351(2) of BNS and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No. 205 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the defacto complainant are husband and wife. Through the marriage, there is a son. There was some misunderstanding between the parties and as a result, they are separated. The allegation is that on 24.11.2024, the defacto complainant came to the house of the petitioner to see her son and at that time, there was a wordy quarrel and the defacto complainant is said to have been scolded in filthy language and was also assaulted.

3. Heard the learned counsel on either side and perused the material records of the case.

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4. In the considered view of this Court, there is a matrimonial dispute between the parties. That apart, there is also a dispute regarding the custody/ guardianship of the son. Considering the same, there shall be a direction to the respondent police to resort to the procedure adumbrated under Section 35 of BNSS and complete the investigation as early as possible.

5. This criminal original petition is disposed of with the above directions. sd/- 13/12/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

pal TO

1. The Inspector of Police, Narikudi Police Station, Virudhunagar District.

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

ORDER

IN CRL OP(MD) No.22076 of 2024 Date :13/12/2024 RK/SKN (27/12/2024) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3