Madras High CourtCRL OP(MD)/14022/2021dismissed

Muniyandi v. The Inspector Of Police

2021-09-27Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD)No.14022 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date : 27.09.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD)No.14022 of 2021 Muniyandi ... Petitioners/Accused Rank Not Known Vs State rep. by The Inspector of Police, Sethubavachathiram Police Station, Thanjavur District.

(Crime No.120/2021) ... Respondent/ complainant For Petitioner : Ms.A.Banumathy, Advocate.

For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.120 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order : The petitioner apprehending arrest at the hands of the respondent police for the offence punishable under Sections 147, 148, 449, 324, 307, 302, 506(ii) IPC, in connection with the case in Crime No.120 of 2021, has filed this application for anticipatory bail.

2.The prosecution case is that the first accused - Lakshmanan moved closely with one Jeyapriya, W/o.Sahayaraj, which was objected by Sahayaraj. For having raised such objection, the accused persons planned to murder Sahayaraj and went to his house. Since Sahayaraj was not in the house, the accused persons entered into the defacto complainant's house and assaulted the defacto complainant's husband, who is the brother of Sahayaraj. In the incident, the defacto complainant's husband died. Hence, the complaint. 3.Learned Counsel for the petitioner submitted that the petitioner is an innocent and has not committed any offence, but a false case has been foisted as against him. He further submitted that this is the second application for anticipatory bail and the earlier application in Crl.OP(MD)No.10230 of 2021 was dismissed by this Court on 18.08.2021. The petitioner's name was not mentioned in https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD)No.14022 of 2021 the FIR and since the investigation was also completed, the learned Counsel for the petitioner prayed for grant of anticipatory bail. 4.Learned Additional Public Prosecutor for the respondent opposed for the grant of anticipatory bail and submitted that the investigation is yet to be completed.

5.Considering the facts and circumstances of the case, this Court by order dated 18.08.2021, dismissed the earlier application for anticipatory bail. Now, the present application has been filed that the investigation is completed. However, the learned Additional Public Prosecutor disputed the same. Since the present application has been filed without any change in circumstances, this Court is not inclined to entertain the same.

6.In fine, this criminal original petition stands dismissed. sd/- 27/09/2021 / 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.

TO 1 THE INSPECTOR OF POLICE SETHUBAVACHATHIRAM POLICE STATION, THANJAVUR DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.14022 of 2021 Date :27/09/2021 GK MK/VR/SAR.III/30.09.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2