Madras High CourtCRL OP(MD)/5273/2023dismissed

R.Xavier v. The Inspector Of Police

2023-03-21Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.5273 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.5273 of 2023 R.Xavier ... Petitioner/Accused 1 Vs The Inspector of Police, Sivagiri Police Station, Tenkasi District.

Cr.No.412/2022.

... Respondent/Complainant For Petitioner : M/s. M.Beema Rao, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 412/2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 307, 427 and 506(2) of I.P.C. and Section 4 of Tamil nadu Prohibition of Harassment of Women Act, 2002, in Crime No.412 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 30.11.2022, the accused persons had attempted to attack one Arul Joseph, at that time, the said Arul Joseph had entered into the de-facto complainant's house and the accused persons also tried to enter into her house to attack the said Arul Joseph, but the de-facto complainant closed the door. Due to which, the accused persons abused the de-facto complainant in filthy language and caused damage to the door and also gave a life threat to her. Hence, the case.

3. Heard both side and perused the materials available on record including the First Information Report. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.5273 of 2023

4. This is the second application for bail and the earlier application for bail was dismissed by this Court on 09.02.2023 in Crl.O.P(MD) No.2204 of 2023. Taking into consideration the fact that there is no change in circumstances of the case even after dismissal of the earlier petition,this Court is not inclined to grant anticipatory bail to the petitioner.

5. Hence the petition stands dismissed.

sd/- 21/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE INSPECTOR OF POLICE, SIVAGIRI POLICE STATION, TENKASI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5273 of 2023 Date :21/03/2023 SA/CG/SAR.1/28.03.2023/2P/3C https://www.mhc.tn.gov.in/judis 2/2