Somasundaram v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twenty Sixth day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.22438 of 2021 1 SOMASUNDARAM [ PETITIONERS / ACCUSED ] 2 REVATHI 3 NEELAMEGAM Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ARAKKONAM TALUK POLICE STATION, RANIPET DISTRICT (CRIME NO.345 OF 2021) For Petitioners : M/S R.SASIKUMAR 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 petitioners, who apprehend arrest for the alleged offence punishable under Sections 147, 148, 294(b), 448 & 307 of I.P.C thereafter altered into Sections 147, 148, 294(b), 448 & 302 of IPC, in Crime No.345 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 there arose frequent wordy quarrel between the 2nd petitioner and her husband. When the same was questioned by the defacto complainant, the 2nd petitioner's brother along with other accused persons abused them in filthy languages and attacked the wife of the defacto complainant thereby the defacto complainant sustained severe injuries. Hence, the complaint. https://hcservices.ecourts.gov.in/hcservices/
3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) submits that earlier this Court dismissed the petitioners's anticipatory bail application in Crl.O.P.No.19805 of 2021 dated 28.10.2021 on the ground that on 28.10.2021 the injured person has passed away. He further submits that the investigation is at preliminary stages and there is no change of circumstances. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners.
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 petitioners.
6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 26/11/2021 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, ARAKKONAM TALUK POLICE STATION, RANIPET DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S R.SASIKUMAR Advocate on payment of necessary charges CRL OP.22438/2021 Date :26/11/2021 JPA 03/12/2021 https://hcservices.ecourts.gov.in/hcservices/