Madras High CourtCRL OP/26287/2023dismissed

O.Mubashshir Ahmed v. The State Represented By

2023-12-07Honourable Mr Justice C.V. Karthikeyan3 pages

C.V.KARTHIKEYAN,J.

The petitioners/A1 to A6, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 354, 323 and 498A IPC, in Crime No.25 of 2023 on the file of the respondent police seek anticipatory bail.

2. The learned counsel for the petitioners stated that the petitioners are innocent persons and they have been falsely implicated in the case registered in Cr.No.25 of 2013, for the offences under Sections 354, 323 and 498A IPC. Thus, he seeks anticipatory bail to the petitioners.

3. The case of the prosecution is that there was not only demand of dowry, but that the petitioners herein had also done some pooja on the defacto complainant and had also cut her hair. It is also stated that she was afraid that she would be given in human sacrifice.

4. The learned counsel for the petitioners denied all these and stated that the petitioners are hailing from a respectable family. But, cutting of hair would be visible to anybody. This issue of preparing a

person for human sacrifice will have to be investigated. It is not only a case of violence, but very serious in nature.

5. The earlier anticipatory bail application had been dismissed on 20.10.2023 in Crl.OP.No.24371 of 2023. There is no change of circumstances after the dismissal of the earlier anticipatory bail application.

6. Counter has been filed by the Investigating agency, wherein, it has been stated that steps have been taken to find out the Sorcerer who had given instructions to the accused with respect to the human sacrifice. It is also stated that updated status report had been reported to the Higher Police Officers in Vellore District and Special Team has been formed to secure the accused and also the Sorcerer.

7. In view of the fact that investigation is at crucial stage and accused will have to be secured, at this stage, I am not inclined to grant anticipatory bail to the petitioners.

8. Accordingly, this Criminal Original Petition is dismissed. Vv 07.12.2023

C.V.KARTHIKEYAN,J.

Vv 07.12.2023