Madras High CourtCRL OP(MD)/8147/2022dismissed

Pandiyarajan v. The Inspector Of Police

2022-04-28Honourable Mr Justice K.Murali Shankar2 pages

CRL OP(MD). No.8147 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.04.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.8147 of 2022 Pandiyarajan ... Petitioner/Sole Accused Vs The State rep.by, State represented by The Inspector of Police, T.Kallupatti Police Station, Madurai District.

(Crime No.23 of 2022) ... Respondent/ Complainant For Petitioner : Mr.M.Ganeshkamu, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl. Side).

PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :-For Anticipatory Bail in Crime No.23 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 452, 354(A)(2), 323 and 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.23 of 2022, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner trespassed into the house of the defacto complainant and had committed sexual assault on the defacto complainant. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that investigation is pending. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.8147 of 2022 5.No doubt, the petitioner's earlier application for anticipatory bail in Crl.O.P.(MD)No.4148 of 2022 was ordered to be dismissed by this Court, vide order dated 03.03.2022. 6.Considering the seriousness and gravity of the offence alleged against the petitioner and also the fact that investigation is not yet completed and that there is no change of circumstances, since the dismissal of the earlier application, this Court is not inclined to grant anticipatory bail to the petitioner. 7.In the result, this Criminal Original Petition is dismissed. sd/- 28/04/2022 / 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 T.KALLUPATTI POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.8147 of 2022 Date :28/04/2022 das MK/SVR/SAR.II/10.05.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2