Madras High CourtCRL OP/17105/2021dismissed

Rajasekaran v. State Rep By

2021-09-17Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Seventeenth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.17105 of 2021 RAJASEKARAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RASIPURAM, NAMAKKAL DISTRICT.

(CRIME NO.8/2021) For Petitioner : M/S. R.SANKARASUBBU Advocate For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Sections 294(b),498(A), 323, 494 and 506(ii) of IPC r/w Section 4 of Women Harassment Act 2002 in Crime No.8 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and the defacto complainant are husband and wife and their marriage was solemnized in the year 2009. Due to matrimonial dispute, they are living separately. Subsequently, the petitioner arrayed as A1 married A5 while the first marriage is in existence. Hence, the law enforcing agency registered a case against the petitioner and other accused persons.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submits that other accused persons were granted bail by this court in Crl.O.P.No 12596 of 2021 dated 22.07.2021 and in Crl.O.P.No.14813 of 2021 dated 19.08.2021. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate would submit that this is the third anticipatory bail application filed by the petitioner and this Court has already dismissed the earlier anticipatory bail application https://hcservices.ecourts.gov.in/hcservices/

of the petitioner. Since the petitioner married A5 while the first marriage is in existence, the learned Government Advocate opposed for grant of anticipatory bail to the petitioner. 5.Considering the gravity of offence and the earlier anticipatory bail petition was dismissed by this Court 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/- 17/09/2021 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, ALL WOMEN POLICE STATION, RASIPURAM, NAMAKKAL.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. R.SANKARASUBBU Advocate on payment of necessary charges CRL OP.17105/2021 Date :17/09/2021 CSK 29/09/2021 https://hcservices.ecourts.gov.in/hcservices/