Madras High CourtCRL OP/23378/2021dismissed

Nikas Ali v. The State Rep By

2021-12-06Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Sixth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.23378 of 2021 NIKAS ALI [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOROF POLICE, ALL WOMEN POLICE STATION, UDUMALPETTAI POLICE STATION, TIRUPPUR DISTRICT CRIME NO.1/2021 For Petitioner : M/S.B.MOHAN 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 was apprehends arrest for the alleged offence under Sections 376(2)(f), 376(2)(n), 109, 509, 506(i) IPC in Crime No.1 of 2021, seeks anticipatory bail.

2. It is the case of the prosecution that A1/petitioner herein is the husband of the defacto complainant's aunt and he continuously raped the defacto complainant and taken photographs and video of the defacto complainant when she was unconscious. Taking advantage of this, A1/petitioner threatened the defacto complainant and on compulsion, he had sexual intercourse with her and also received money on various occassions. Hence this complaint.

3. It is seen from records that this is the second bail petition filed by the petitioner. The previous order, dismissing the Criminal Original petition in Crl.O.P.No.3153 of 2021 was passed by this Court on 09.04.2021.

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4. The learned Government Advocate (Crl. side) submitted that there is no change in circumstances after the previous order was passed on merits. Hence, the learned Government Advocate vehemently opposed to grant anticipatory bail to the petitioner. 5.

In view of the submission made by the learned Government Advocate, no change of circumstances arises for considering the second bail petition . Hence, this Criminal Original petition is dismissed.

-sd/- 06/12/2021 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 INSPECTOROF POLICE, ALL WOMEN POLICE STATION, UDUMALPETTAI POLICE STATION, TIRUPPUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.B.MOHAN Advocate on payment of necessary charges CRL OP.23378/2021 Date :06/12/2021 RW 14/12/2021 https://hcservices.ecourts.gov.in/hcservices/