R.Mohana Priya v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty First day of January Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.1302 of 2022 R.MOHANA PRIYA [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, AVINASHI POLICE STATION, TIRUPPUR DISTRICT (CRIME NO.930/2021) For Petitioner : M/S P.MUTHAMIZHSELVAKUMAR Advocate For Respondent : M/S.V.MEGANATHAN, Govt. Advocate ( Crl. Side) For Intervener : M/S.SUMATHI, Advocate 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 the respondent police for the offence punishable under Sections 294(b), 341 and 506(ii) of IPC in Crime No.930 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is a practising Advocate and he has appeared on behalf of the defendant's side where the suit has been filed by the petitioners in O.S.No.148 of 2020 on the file of the District Munsif Court, Avinashi. Because of the defacto complainant's vociferous contentions before the trial Court which is provoked the petitioners, they went to the defacto complainant's house and threatended his parents. Hence, the law enforcing agency registered a case against the petitioner and other accused persons.

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3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and she has been falsely implicated in this case and prayed for grant of anticipatory bail.

4. The learned Government Advocate submitted that this is the 4th anticipatory bail petition of the petitioner. This Court, on an earlier occasion, dismissed all the three petitions on the ground that there is no change of circumstances. The learned counsel vehemently opposed that the investigation is still pending. Therefore, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the allegations and also the fact that the case is in the initial stage of the investigation and that the custodial interrogation of the petitioners are essential and there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 21/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE INSPECTOR OF POLICE, AVINASHI POLICE STATION, TIRUPPUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S P.MUTHAMIZHSELVAKUMAR Advocate on payment of necessary charges CRL OP.1302/2022 Date :21/01/2022 RW 04/02/2022 https://hcservices.ecourts.gov.in/hcservices/