Madras High CourtCRL OP(MD)/15247/2021dismissed

Muthu v. The Sub Inspector Of Police

2022-01-27Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.15247 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2022 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.15247 of 2021 1.Muthu 2.Durkeshwaran ... Petitioner/Accused No.1 & 5 Vs State Rep.by The Sub Inspector of Police, District Crime Branch, Madurai District.

Crime No.4/2021. ... Respondent/Complainant For Petitioner : M/s.Arunraj K, Advocate.

For Respondent : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.4 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 120B, 420, 465, 466, 467, 468, 471, 294(b) and 506(2) in Crime No.4 of 2021, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant is in possession and enjoyment of the ancestral property. The first petitioner asked pathway towards the east side and the same was objected to by the defacto complainant. Therefore, the first petitioner hand in glove with other accused fabricated the documents and threatened the defacto complainant to vacate the land belonging to him. Hence, the complaint.

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CRL OP(MD). No.15247 of 2021 3.The learned counsel for the petitioners submits that the petitioners are innocent persons and they are falsely implicated in this case.

4.Heard the learned Government Advocate (Crl.Side) appearing for the respondent police.

5.It appears that this is the second application for anticipatory bail. The earlier anticipatory bail Petition filed in Crl.OP(MD)No.5120 of 2021 was dismissed on 23.08.2021 on the ground that custodial interrogation is necessary in this case to find out who are all responsible for the commission of offence. Now, this application is filed by the petitioners without referring the change of circumstances to consider the case.

6.Since there is no change of circumstance and considering the antecedents of the petitioners, this Court is not inclined to entertain this Criminal Original Petition and the same is accordingly dismissed.

sd/- 27/01/2022 / TRUE COPY / / /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 Sub Inspector of Police, District Crime Branch, Madurai District.

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

ORDER IN CRL OP(MD) No.15247 of 2021 Date :27/01/2022 RS/PN/SAR.4(02.03.2022) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2