Madras High CourtCRL OP/17734/2021dismissed

Uma v. The State Rep By

2021-10-07Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Seventh day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.17734 of 2021 UMA [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MANALMEDU POLICE STATION, NAGAPPATTINAM DISTRICT.

CR. NO.421/2020 For Petitioner : M/S.G.GAYATHRI 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 punishable under Sections 448 and 506(ii) I.P.C of I.P.C, in Crime No.421 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was implicated earlier in Crime No.88 of 2020. This Court granted anticipatory bail to the petitioner in Crl.O.P.No.17863 of 2021 imposed a condition that the petitioner shall not tamper with the evidence or witness during investigation or trial. Subsequently, the petitioner along with others tried to assault the defacto complainant and thereby threatened him. Hence the Law Enforcing Agency registered a case against the petitioner.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any such offence as alleged by the prosecution and she has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submits that in an earlier occasion this Court granted anticipatory bail to the petitioner in Crl.O.P.No.17863 of 2021 dated 27.09.2021 by imposing a https://hcservices.ecourts.gov.in/hcservices/

condition that the petitioner shall not tamper with the evidence or witness during investigation or trial. However, the petitioner along with others tried to assault the defacto complainant and thereby threatened him. Therefore in violation of the condition of bail, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. In view of the fact that the petitioner has violated the conditions imposed by this court in Crl.O.P.No.17863 of 2021 and has assaulted the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this petition is dismissed.

-sd/- 07/10/2021 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, MANALMEDU POLICE STATION, NAGAPPATTINAM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.G.GAYATHRI Advocate on payment of necessary charges CRL OP.17734/2021 Date :07/10/2021 INBA-18/11/2021 https://hcservices.ecourts.gov.in/hcservices/