Reena v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.1873 of 2025 1.Reena 2.Pusinakumar .. Petitioners Vs.

The State rep by The Sub Inspector of Police, Shoolagiri Police Station, Krishnagiri District.

(Crime No.454 of 2024) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of their arrest in Crime No.454 of 2024 on the file of the respondent Police. For Petitioner : M/s.Prabhakaran Karuppannan For Respondent : Mr.S.Santhosh Government Advocate(Crl.Side) For Intervenor : Mr.A.J.Magendiraverman

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 103 of BNS in Crime No.454 of 2024, seek anticipatory bail.

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2.

The case of the prosecution is that on 12.09.2024, due to a property dispute, the petitioners along with other accused attacked the defacto complainant's husband with knives and as a result, the defacto complainant's husband died on the spot.

3.

This is the 3rd anticipatory bail application filed by the petitioners. The earlier anticipatory bail application was dismissed by this Court on 16.12.2024 in Crl.O.P.No.28841 of 2024 by making following observations:

"Considering the representation made by both side counsel, investigation is not yet completed, and the offence is also grave in nature, and already this Court dismissed the earlier bail application and there is no change of circumstances, therefore at this stage, it is not appropriate to consider the bail application of the petitioners. Hence, this Criminal Original Petition stands dismissed." 4.

The learned counsel appearing for the petitioner submitted that, subsequent of the dismissal of the earlier anticipatory bail application, the co-accused was arrested and released on bail. 5.

The learned Government Advocate (Crl. Side) appearing for the Page No.2 of 4

respondent police reiterated the prosecution case and submitted that this is the 3rd anticipatory bail application filed by the petitioners and the earlier anticipatory bail application was dismissed on 16.12.2024. 6.

Considering the aforesaid facts, this Court is of the view that the fact that the co-accused have been arrested and released on bail cannot be a change in circumstances in this case. Accordingly, this Criminal Original Petition is dismissed.

12.03.2025 Index : Yes / No Internet : Yes / No dpa To 1.The Sub Inspector of Police, Shoolagiri Police Station, Krishnagiri District.

2.The Public Prosecutor, Madras High Court, Chennai.

SUNDER MOHAN , J.

dpa Page No.3 of 4

Crl.O.P.No.1873 of 2025 12.03.2025 Page No.4 of 4