Madras High CourtCRL OP(MD)/875/2022dismissed

Chinna Jameen v. The Inspector Of Police

2022-01-20Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.875 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2022 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.875 of 2022 Chinna Jameen ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

(Crime No.815 of 2021) ... Respondent/Complainant For Petitioner : M/s.Prabu.M., Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.815 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 366(A) & 109 of IPC altered into Section 366(A), 109 of IPC and 5(1) r/w 6 of POCSO Act, 2012, in Crime No.815 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the de-facto complainant's daughter developed lover affair with the accused No.1, who is none other than the brother of the petitioner. On 11.08.2021, the de-facto complainant's daughter visited the petitioner's house and refused to go to her parental home stating that her mother attempted to arrange marriage with some other person. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he is falsely implicated in this case.

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CRL OP(MD). No.875 of 2022

4. Heard the learned Government Advocate appearing for the respondent Police.

5. This is the second anticipatory bail petition filed by the petitioner and the earlier petition filed by the petitioner and others in Crl.O.P(MD) No.14362 of 2021 was dismissed as against the petitioner alone on 28.09.2021, after elaborately considering the points raised by the petitioner. However, the application filed by the petitioner is without referring the change of circumstances to consider the case. Since there is no change of circumstances and also considering the antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. sd/- 20/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.875 of 2022 Date :20/01/2022 vji MS/JM/SAR-1/03.02.2022/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2