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Madras High CourtCRL OP(MD)/12698/2024dismissed

Jeeva v. The Inspector Of Police

2024-08-19Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/08/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Jeeva ... Petitioner/2nd Accused Vs The Inspector of Police, Thallakulam Police Station, Madurai.

Crime No. 284 of 2024.

... Respondent/Complainant For Petitioner : Mr. S.Poornachandran, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- To enlarge the petitioner on bail in the event of his arrest in C.C No. 936 of 2024 on the file of the Learned Judicial Magistrate II, Madurai and thus render justice. 1/4

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offence under Sections 406 and 420 of IPC in Crime No.284 of 2024, on the file of the respondent police seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant is the second wife of one Mariappan, who was a Government servant. While, he was in service in the year 2015, he died. The defacto complainant borrowed a sum of Rs,1,00,000/- from the petitioner's mother and she introduced A3 to the defacto complainant and A3, a broker has arranged to get the service benefits of the defacto complainant's husband and the amount has also been credited to the defacto complainant's Bank account. Thereafter, the petitioner along with the other accused forcibly took the defacto complainant to the Bank and withdrew the entire monetary benefits from her account. Hence, the complaint.

3.The learned counsel for the petitioner has moved this second anticipatory bail petition on the ground that charge sheet has been filed before the concerned Court.

4.The learned Government Advocate (Crl.side) appearing for the respondent submitted that the petitioner along with the defacto complainant went to the Bank and withdrew the death benefits. Only on that ground, the earlier petition 2/4

was dismissed by this Court. There is no change in circumstances. Hence, prays to dismiss the petition.

5.Though it is the second petition for anticipatory bail, considering the nature of offence and also since there is no change in circumstances after the dismissal of the earlier petition, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. sd/- 19/08/2024 / TRUE COPY / / 08 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE JUDICIAL MAGISTRATE II, MADURAI.

2. DO-THROUGH, THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE THALLAKULAM POLICE STATION, MADURAI.

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

ORDER

IN CRL OP(MD) No.12698 of 2024 Date :19/08/2024 PSP/VR/SAR /27.08.2024/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4