Madras High CourtCRL OP/21865/2021dismissed

Vinayagamoorthi v. State Rep By

2021-11-25Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.21865 of 2021 VINAYAGAMOORTHI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NAGAPATTINAM DISTRICT.

(CR.NO.20 OF 2021) For Petitioner : M/S.P.MUTHAMIZH SELVAKUMAR Advocate For Respondent : MR.S.BALAJI, 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 294(b), 509, 354(b) Indian Penal Code 1882 R/W Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.20 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. This is the second anticipatory bail application filed before this Court. The case of the prosecution is that the defacto complainant is a widow and has one female child. Taking advantage of her loneliness, the petitioner had frequently sent obscene messages and photos to the defacto complainant's mobile phone and threatened the defacto complainant for his lust. Hence, the complaint. 3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any such offence as alleged by the prosecution and he 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 earlier this Court dismissed the petitioner's anticipatory bail application in Crl.O.P.No.18441 of 2021 dated 08.10.2021 on the ground that the petitioner is said to have threatened the defacto https://hcservices.ecourts.gov.in/hcservices/

complainant and demanded for sexual affairs. He further submits that the investigation has been completed and there is no change of circumstances. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. In view of the fact that there being no change of circumstances pointed out, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 25/11/2021 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, NAGAPATTINAM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.P.MUTHAMIZH SELVAKUMAR Advocate on payment of necessary charges CRL OP.21865/2021 Date :25/11/2021 CSK 06/12/2021 https://hcservices.ecourts.gov.in/hcservices/