P.Ayyappan v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN P.Ayyappan ... Petitioner / Accused Rank Not Known

Vs

1.The State, represented by its The Inspector of Police, Oddanchathiram Police Station, Dindigul District. (Crime No.Not Known of 2023).

2.R.Geetha

... Respondents For Petitioner : Mr.Shanmuganathan.VR, Advocate. For Respondent : Mr.R.Suresh Kumar

Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.Not Known of 2023 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/Accused Rank not known, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 498(A) and 420 of I.P.C and 4 of Protection of Women from Harassment act, in Crime No.Not Known of 2023 on the file of the respondent Police, seeks anticipatory bail.

¶2The case of the prosecution is that it is the matrimonial issue between the husband and wife. In 2018 itself, the petitioner has filed a petition seeking divorce that was also granted as exparte order, by the order dated 03.06.2019. Later, the defacto complainant filed a petition to set aside the exparte order, but later she did not puruse the matter. In 2020, because of the above said divorce, the petitioner got married to some other girl. Hence, the present complaint has been given as if when the petitioner and defacto complainant lived together in 2016, she was harassed, assaulted, criminaly intimidated by the petitioner and the defacto complainant had kept about 50 sovereigns of gold jewels and a sum of RS.10,00,000/- in the house of the petitioner and the petitioner had not returned the same.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent and he got married with some other girl after the divorce. Further, the petitioner is ready to maintain the child, who born to the petitioner and the defacto complainant.

¶4The learned Government Advocate (Crl. Side) would submit that in the above said complaint, enquiry is pending.

¶5Let the above said enquiry be completed within fifteen days from the date of receipt of copy of this order. If the petitioner aggrieved over the outcome of the above said enquiry, he can workout his remedy through appropriate proceedings. In respect of child, the petitioner is directed to pay Rs.10,000/- from today as monthly maintenace to the child and the above said amount may be sent to the defacto complainant's account directly.

¶6With the above said direction and liberty, this Criminal Original Petition stands disposed of.

sd/-

20/07/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. INDU To

1.The Inspector of Police, Oddanchathiram Police Station, Dindigul.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.VR.SHANMUGANATHAN, Advocate ( SR-11052[I] dated 21/07/2023 ) ORDER IN CRL OP(MD) No.13272 of 2023 Date :20/07/2023 ED/MMS/SAR- (02/08/2023) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023