Madras High CourtCRL OP(MD)/16054/2021dismissed

Archunapandi v. The Inspector Of Police

2021-10-22Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.16054 of 2021

1. Archunapandi

2. Krishnapandi

3. Balakrishnan

4. Suriya Narayanan ... Petitioners/Accused Nos.1 to 4 Vs State rep.by The Inspector of Police, All Women Polie Station, Tiruchendur, Tuticorin District.

(Crime No.16 of 2021).

... Respondent/Complainant For Petitioners : M/s.David Ganesan J, Advocate. For Respondent : M/s.A.Thiruvadi Kumar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.16 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 5(n), 5(m), 5(1), 6, 9(n) and 10 of POCSO Act, 2012 and 506(i) of IPC in Crime No.16 of 2021, seek anticipatory bail. 2.The case of the prosecution is that the petitioners had sexual intercourse with the defacto complainant and also caused criminal intimidation to her. Hence, the complaint. https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel for the petitioners submits that the petitioners are innocents, they have not committed any offence as alleged by the prosecution, but they have been falsely implicated in this case.

4. Heard the learned Additional Public Prosecutor appearing for the respondent Police.

5. It appears that this is the second application for anticipatory bail and the earlier anticipatory bail application filed by the petitioners in Crl.O.P(MD).No.12831 of 2021 was dismissed on 20.09.2021 on the ground that the petitioners have sexually abused the victim girl. 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/- 22/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

ssb 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.

1. The Inspector of Police, All Women Polie Station, Tiruchendur, Tuticorin District.

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

ORDER

IN CRL OP(MD) No.16054 of 2021 Date :22/10/2021 SP/PN/SAR IV/29/10/2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/