Krishnakumar @ Krishna v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI KRISHNAKUMAR @ KRISHNA ... PETITIONER/ACCUSED NO.2 Vs THE INSPECTOR OF POLICE VIRUDHUNAGAR EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO.41/2021 ... RESPONDENT/COMPLAINANT For Petitioner :

M/S.C.BALASUBRAMANIAN, Advocate For Respondent :

MR.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER : FOR BAIL IN CRIME NO.41/2021 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner / A2, who was voluntarily surrendered before the trial court and remanded to judicial custody on 22.01.2024 for the offences punishable under Sections 120(b), 147, 148, 149, 364, 302, 404 and 201 IPC r/w Sections 25(1A) and 26 (1B)(b) of the Arms Act in Crime No.41 of 2021, on the file of the respondent Police, 1/3

seeks bail.

2.The case of the prosecution is that on 11.02.2021, the deceased wife Murugalakshmi filed a complaint before the respondent police alleging that her husband namely, Senthilkumar left the home on 08.01.2021 by saying that he was going to work in Chennai. On 10.02.2021 at about 07.10 p.m., he had spoken with the defacto complainant lastly and thereafter, his phone was switched off and she was not able to contact him and she did not know his whereabouts thereafter. Thereby, she made a complainant before the respondent police. After investigation, the respondent police identified the accused person and registered a case against the petitioners.

3.Heard the learned counsel on either side and perused the material records of the case.

4.It appears that this is the second application for bail and the earlier bail application filed by the petitioner in Crl.OP(MD)No.1931 of 2024 was dismissed by this Court on 01.03.2024 on the ground that the allegations levelled against the petitioner are serious and considering the previous antecedents of the petitioner. Now, this application is filed by the petitioner without referring the change of circumstances to consider the case.

5.Considering the above facts and circumstances of the case and also 2/3

considering the fact that there is no change in circumstances, since the dismissal of the earlier petition, this Court is not inclined to grant bail to the petitioner.

6. In the result, this Criminal Original Petition is dismissed. sd/- 21/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE INSPECTOR OF POLICE, VIRUDHUNAGAR EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

2 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN Date :21/03/2024 RS/JGB/SAR-(25.03.2024) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3