Madras High CourtCRL OP/17842/2021dismissed

Sanjaigandhi v. State Rep By

2021-09-27Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Seventh day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION Nos.17842 & 17846 of 2021 1 SANJAIGANDHI 2 KALAVATHI [ PETITIONERS / ACCUSED IN CRL.O.P.No.17842/2021 ] 1 SANTHOSH KUMAR 2 KARNAN 3 PORSELVI [ PETITIONERS / ACCUSED IN CRL.O.P.No.17846/2021 ] Vs STATE REP BY THE INSPECTOR OF POLICE, ANDIMADAM POLICE STATION, ARIYALUR DISTRICT (CRIME NO.596/2021) [ RESPONDENT IN BOTH THE PETITIONS] For Petitioner : M/S K.MURUGESAN Advocate [ IN CRL.O.P.No.17842/2021 ] For Petitioner : M/S.T.MURUGANANTHAM Advocate [ IN CRL.O.P.No.17846/2021 ] For Respondent : MR. A.GOPINATH, Govt. Advocate ( Crl. Side) [IN BOTH THE PETITIONS] PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested on 12.07.2021 and remanded to judicial custody for the offences under Sections 312, 314, 315, 318, 304(ii) r/w 201 IPC, in Crime No.596 of 2021 on the file of the respondent police, seek bail.

2. This is the second bail application filed before this Court. The case of the prosecution is that A2 in this case and the deceased are lovers. Due to the physical relationship they had, the deceased became pregnant. Since A2 was already married, he approached A1 who is not a qualified Doctor for aborting the foetus and during the course of action, the deceased lost her life. Hence the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case and the petitioners have been in jail from 12.07.2021. Therefore, he prays to grant bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that earlier application was dismissed by this Court in Crl.O.P.No.15003 and 14841 of 2021 dated 25.08.2021 and there is no change of circumstances. Hence, he vehemently opposed for grant of bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that the petitioners have involved in very heinous offence and earlier bail application was dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, these Criminal Original Petitions are dismissed.

-sd/- 27/09/2021 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE INSPECTOR OF POLICE, ANDIMADAM POLICE STATION, ARIYALUR DISTRICT.

THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

THE OFFICER INCHARGE, SUB JAIL, JAYAMKONDAM.

CC to M/S K.MURUGESAN Advocate on payment of necessary charges CRL OP.NOs.17842 & 17846/2021 Date :27/09/2021 RW 08/10/2021