CRL OP(MD)/18063/2017 of V.THINAKARAN Vs THE INSPECTOR OF POLICE on 28 December 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Eighth day of December Two Thousand SeventeenPRESENT

The Hon`ble Mr Justice S.VAIDYANATHAN

CRL OP(MD) No.18063 of 2017

V.THINAKARAN

... PETITIONER / ACCUSED NO.1

Vs

STATE REP.BYTHE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT.(CRIME NO. 75/2017) ... RESPONDENT / COMPLAINANT

For Petitioner : M/S.J.JEYAKUMARAN Advocate For Respondent : M/S.K.ANBARASAN, Government Advocate(Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of therespondent police for the alleged offence punishable under Sections498(A) and 506(i) of IPC r/w. Section 4 of Tamil Nadu Prohibition ofWoman Harassment Act, in Crime No.75 of 2017 on the file of therespondent police, seeks anticipatory bail.

2.Heard the learned counsel on either side.

3.The case of the prosecution is that the defacto complainantis the wife of the petitioner. The marriage between the petitionerand the defacto complainant was solemnized on 18.03.2013 and theyblessed with one female child. Thereafter, due to illegal intimacywith another girl, the petitioner did not take care of the defactocomplainant and the same was questioned by the defacto complainant.Thereby, the petitioner attacked the defacto complainant. Hence, thedefacto complainant lodged a complaint against the petitioner beforethe respondent police.

4.It is submitted by the learned counsel for the petitionerthat the petitioner is innocent and he has not committed any offenceand prays for anticipatory bail in favour of the petitioner.

5.The learned Government Advocate (Crl.side) submitted that thehttps://hcservices.ecourts.gov.in/hcservices/petitioner had illegal intimacy with one lady, and thereby, he ill-treated the defacto complainant and also attacked her. He further submitted that the earlier petition filed by the petitioner inCrl.O.P.(MD)No.16322 of 2017 was dismissed by this Court as againstthis petitioner on 06.12.2017 and there was no change ofcircumstances and investigation is still pending.

6.Considering the facts and circumstances of the case and inthe absence of change of circumstances and also considering thesubmission made by the learned Government Advocate (Crl.side), I amnot inclined to grant anticipatory bail to the petitioner.Accordingly, this Criminal Original petition is dismissed.

sd/-

28/12/2017

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT.

2. THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. MADURAI.