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Madras High CourtCRL OP(MD)/15580/2021dismissed

Mani @ Manimuthumari v. The Inspector Of Police

2021-10-08Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.15580 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.15580 of 2021 Mani @ Manimuthumari ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Authoor Police Station, Thoothukudi District.

Crime No.125 of 2021.

... Respondent/Complainant For Petitioner : Mr.S.SELVAKUMAR, Advocate.

For Respondent : Mr.P.KOTTAI CHAMY, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.125 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent Police, for the offence punishable under Sections 294(b), 324 and 506(ii) IPC, in Cr.No.125 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant's wife was having illegal affair with the accused. Thereafter, she left the matrimonial house. Enraged over the same, on 22.06.2021, when the defacto complainant was reconstructing his old house, the petitioner came there and assaulted him with an iron rod and caused head injury.

3. The learned counsel for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution.

4. Heard the learned Government Advocate (Criminal Side) appearing for the respondent Police.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.15580 of 2021

5. It appears that this is the second application for anticipatory bail petition and the earlier anticipatory bail application filed by this petitioner in Crl.O.P(MD).No.12346 of 2021 was dismissed on 07.09.2021 on the ground that the petitioner is having three previous cases in (i) Crime No.10 of 2017 of Kurumbur Police Station, (ii) Crime Nos.10 of 2020, 267 of 2020 of Authoor Police Station. Now, this application is filed by the petitioner without referring the change of circumstances to consider the case.

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

sd/- 08/10/2021 / 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, AUTHOOR POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.15580 of 2021 Date :08/10/2021 SA/SKN/SAR.2/21.10.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2