Mathalyazhahakan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighth day of June Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.13142 of 2022 1 MATHI @ MATHALYAZAHAKAN [ PETITIONERS / ACCUSED ] 2 SATHISH KUMAR Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ERUMAPATTY POLICE STATION, NAMAKKAL DISTRICT.

(CRIME NO.65/2022) For Petitioner : M/S. C.IYYAPPARAJ Advocate For Respondent : MR.S.UDAYAKUMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 147, 148, 294(b), 506(2) of IPC, 1860 in Crime No.65 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The petitioners herein apprehending arrest on the complaint given by one Chitra to the respondent police on 08.03.2022 alleging that on the previous day the petitioners and others gathered in her field and consumed alcohol and thrown empty bottles and when that was questioned by her, they abused her with filthy language and molested her modesty by misbehaving with her. Her blouse and saree were torn. One of the accused named Anbarasu threatened her with broken bottle that he will cut her neck. On hearing that villagers came and rescued her.

https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel appearing for the petitioner would submit that the name of the second accused is not found in the F.I.R. No specific serious overt act has been attributed as against the first petitioner and the other petitioners. The named accused were already granted bail by the Court below.

4.However, on considering the fact that this Court had earlier dismissed the anticipatory bail petition filed by the petitioners on 22.04.2022, though two months has lapsed, there is no change of circumstance and the respondent police are not able to apprehend these petitioners and hence the threat to the life of the defacto complainant still exists, this Court is not inclined to grant anticipatory bail to the petitioners.

5.The Criminal Original Petition stands dismissed accordingly. -sd/- 08/06/2022 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, ERUMAPATTY POLICE STATION, NAMAKKAL DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. C.IYYAPPARAJ Advocate on payment of necessary charges CRL OP.13142/2022 Date :08/06/2022 CSK 16/06/2022 https://hcservices.ecourts.gov.in/hcservices/