Pandishwari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/06/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN 1.Pandishwari 2.Pakkirisamy 3.Kuttiyamma @ Kanagadurga 4.Bavani @ Mahalakshmi 5.Siva ... Petitioners/Accused No.1 to 5 Vs The Stâte rep.by The Inspector of Police, Adiramapattinam Police Station, Thanjavur District.

Crime No.148 of 2021. ... Respondent/Complainant For Petitioners :Mr.K.A.S.Prabhu, Advocate.

For Respondent :Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.148 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 306 IPC r/w 116 IPC in Crime No.148 of 2021, seek anticipatory bail. 2.It is seen from the submissions made that it is a case and counter case. The allegation against the petitioners is that the de-facto complainant in Crime No.147 of 2021 and the deceased Saroja 1/3

had some misunderstanding with regard to the fact that the Saroja was talking with the husband of the de-facto complainant, namely, Pakkirisami. On 03.04.2021 at about 06.00 p.m., when the de-facto complainant's husband was in the house, the deceased Saroja scolded the de-facto complainant and the deceased's brother Subramaniyan also scolded the de-facto complainant and hit her with iron rod on her right side of the back. when the de-facto complainant's husband tried to intervene, he was also attacked by Subramaniyan. The said Saroja hit on the back of the de-facto complainant's daughter Mahalakshmi. Therefore a complaint was given and registered in Crime No.147 of 2021 for the offence punishable under Sections 294(b), 324, 506(2) of IPC and Section 4 of Woman Harassment Act. On the same day, the deceased gave a complaint in Crime No.

148 of 2021 for the reason that the accused in that case including the de-facto complainant in Crime No.147 of 2021 had been abusing and talking ill of the deceased. Thereafter, she was mentally harassed and forced to commit suicide and the accused persons are responsible for her committing suicide. On the basis of her letter, the First Information Report was registered. Both the cases are pending now. 3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4.The learned Government Advocate(Crl.side) appearing for the respondent police opposed this petition on the ground that investigation is pending.

5.It is seen that earlier anticipatory bail petition filed by the petitioners in Crl.O.P.(MD)No.6033 of 2021 was dismissed on 28.04.2021 and this is second petition. There is no change in circumstances since the dismissal of the earlier anticipatory bail petition. Hence, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this criminal original petition is dismissed.

sd/- 17/06/2021 / TRUE COPY / / /2021 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.

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TO 1.THE INSPECTOR OF POLICE, ADIRAMAPATTINAM POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.7448 of 2021 Date :17/06/2021 GNS TK/AKM/SAR.3/23.06.2021/3P/3C 3/3