S.Kanagavalli v. The Inspector Of Police

CRL OP(MD). No.10047 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/10/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.10047 of 2020 S.Kanagavalli ... Petitioner/Accused No.9 Vs The State rep.by The Inspector of Police, (Law and Order), S.S.Colony Police Station, Madurai.

Crime No.1797/2020 ... Respondent/Complainant For Petitioner : Mr.V.A.Dhana Aravindha Balaji Advocate for M/s.Dhana Law Associates, Advocate.

For Respondent : Mr.K.Suyambulinga Bharthi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Cr.No.1797 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner who is arrayed as A-9 apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 323, 324 & 302 of I.P.C., in Crime No.1797 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that this petitioner herein is arrayed as A-9. Due to previous enmity between the accused persons and the defacto complainant, the petitioner along with other accused persons said to have murdered the defacto complainant's sons, namely; Murugan and Senthil and brutally attacked the defacto complainant using deadly weapons and wooden sticks on 26.07.2020. Hence, the complaint.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (crl. Side) appearing for the respondent police.

4. The learned counsel appearing for the petitioner has submitted that the petitioner is a Woman and she was not present in the village at the time of alleged occurrence. He further submitted https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.10047 of 2020 that she has been falsely implicated in this case. Hence, he seeks anticipatory bail.

5. The learned Government Advocate (criminal side)appearing for the respondent police has submitted that it is a second bail application and there is no change in circumstances. He further submitted that she is a named accused and she is arrayed as A-9 in this case. He has further submitted that she was present in the scene of occurrence took place on 26.07.2020.

6. On perusal of First Information Report, it is revealed that there are nine named accused, in which the petitioner was arrayed as A-9 and this is a double murder. Due to previous enmity between the parties, all the accused persons have assaulted the deceased persons with deadly weapons and as such they sustained grivious injuries and dead. In fact, by order dated 12.08.2020 this Court has already dismissed the anticipatory bail application against the petitioner. Now, there is absolutely no change in circumstances for considering second anticipatory bail application of the petitioner herein. Hence, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the Criminal Original Petition stands dismissed.

sd/- 05/10/2020 / TRUE COPY / / /2020 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, (LAW AND ORDER), S.S.COLONY POLICE STATION, MADURAI.

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

ORDER IN CRL OP(MD) No.10047 of 2020 KSA Date :05/10/2020 TK/PN/SAR.4/08.10.2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2