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Madras High CourtCRL OP(MD)/20753/2018dismissed

Senthil @ Senthil Kumar v. The Inspector Of Police

2018-11-27Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Seventh day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.20753 of 2018 SENTHIL @ SENTHIL KUMAR ... PETITIONER /2nd ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, THANJAVUR TALUK POLICE STATION, THANJAVUR DISTRICT.

(IN CRIME NO. 126 OF 2018) ... RESPONDENT / POLICE For Petitioner : MR.K.SHANMUGARAJA Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 379, 380, 406, 506 (ii), 120 (B) and 34 of IPC, in Cr.No.126 of 2018, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant married the first accused and left India. Thereafter, the first accused developed illegal intimacy with the petitioners and helped the first accused to take away the articles and that the properties belonged to the defacto complainant and on the insistence of the first accused, the petitioners attacked the defacto complainant on 18.09.2017.

3.The learned counsel for the petitioners would submit that a false case has been foisted against them and they have not committed any offence as alleged by the prosecution. The main accused A1 was already released on bail and there is a delay of seven months in filing the FIR. Earlier the petitioner had filed a petition for anticipatory bail in Crl.O.P.(MD).No.9890 of 2018 and the same was dismissed.

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4.The learned Government Advocate (Crl. Side) submitted that Crl.O.P.(MD).No.9890 of 2018 was dismissed by a detailed order on 10.07.2018 by this Court and now there is no change of circumstances in this case.

5.Taking into consideration the facts of the case and since there is no change of circumstances in this case, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this criminal original petition is dismissed. sd/- 27/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

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

ORDER

IN CRL OP(MD) No.20753 of 2018 Date :27/11/2018 AE-MK/JC/SAR1/11.12.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/