Shalini v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.4555 of 2021 SHALINI [ PETITIONERS / ACCUSED ] Vs STATE BY [ RESPONDENT ] INSPECTOR OF POLICE, KATPADI POLICE STATION, VELLORE DISTRICT ( CRIME NO.835 OF 2020) For Petitioner : M/S. P.PUGALENTHI Advocate For Respondent : MR. S.KARTHIKEYAN, ADDITIONAL PUBLIC PROSECUTOR 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 alleged offences punishable under Sections 294(b),385 and 506(i) of I.P.C, in Crime.No.835 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there are totally 3 accused in this case. It is alleged that the petitioner/A2 along with other accused made a phone call to the defacto complainant and abused him with filthy language and also threatened him with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner's husband has been implicated in many criminal cases and the respondent police is not able to arrest him, hence the petitioner has been implicated in the present crime. Apart from that she has not involved in any offence. He would further submit that on the date of occurrence the petitioner was not in the scene of occurrence and she was in Chidambaram to attend PCP class as she is pursuing degree course in Chidambaram Univeristy. Hence he prays to grant anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor submits that the petitioner is a notorious criminal and there are 3 previous cases of similar nature pending against him. He would further submit that the confession statement of the co-accuse clearly reveals that in the absence of A1/petitioner's husband, this petitioner only give instructions to other accused to commit the offence. Hence he vehemently opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the F.I.R. Earlier this Court, considering the case on merits, dismissed the anticipatory bail petition for the petitioner in Crl.O.P.No.20115 of 2020 dated 25.01.2021 and now there is no change in circumstances. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

6.

Accordingly, this Criminal Original Petition is dismissed.

-sd/- 24/03/2021 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, KATPADI POLICE STATION, VELLORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. P.PUGALENTHI Advocate on payment of necessary charges CRL OP.4555/2021 Date :24/03/2021 MK:27/04/2021 https://hcservices.ecourts.gov.in/hcservices/