Danial Durairaj v. The Inspector Of Police

CRL OP(MD). No.11763 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/07/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.11763 of 2022 Danial Durairaj ... Petitioner/Accused Vs State Rep.by The Inspector of Police, Thiruthangal Police Station, Virudhunagar District (Crime No.156 of 2022).

... Respondent/Complainant For Petitioner : M/s.Naveenkumar S P, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.156 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 294 (b), 354 and 354A of IPC r/w Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Cr.No.156 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and the de-facto complainant are neighbours. On 29.05.2022 at about 03.00 p.m., when the de-facto complainant alone was at home, the petitioner came there and compelled her for sexual intercourse and when the same was refused by the de-facto complainant, he abused her in filthy language. Hence, the complaint.

3.No doubt, the petitioner's earlier application was dismissed by this Court, vide order dated 15.06.2022 in Crl.O.P.(MD)No.10559 of 2022.

4.Considering the seriousness and gravity of the offence alleged and also the fact that the investigation is not yet completed as stated by the learned Additional Public Prosecutor and that there is no change in circumstances, since the dismissal of the earlier petition, this Court is not inclined to grant anticipatory bail to the petitioner.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.11763 of 2022 5.In the result, this Criminal Original Petition is dismissed. sd/- 21/07/2022 / TRUE COPY / /07/2022 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, Thiruthangal Police Station, Virudhunagar District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.11763 of 2022 Date :21/07/2022 RS/VR/SAR.4 (27.07.2022) 2P-3C https://www.mhc.tn.gov.in/judis 2/2