A.Amutha v. The Inspector Of Police
CRL OP(MD). No.17674 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/11/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.17674 of 2021 A.Amutha ... Petitioner/Petitioner/petitioner/ Accused rank not known Vs The state represented by The Inspector of Police, T. Vadipatti Police Station, Madurai District (Crime No. 312 of 2021).
... Respondent/Respondent/Respondent/ Complainant For Petitioner : M/s.DEEPAK.M, 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. 312 of 2021 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police, for the offence punishable under Section 174 Cr.P.C, initially registered and now altered to section 306 IPC in Crime No.312 of 2021, seek anticipatory bail. 2.The case of the prosecution is that though the defacto complainant's husband repaid the principal amount, the petitioner insisted him to repay the same with exorbitant interest. Due to the stress, he committed suicide.
3.The learned counsel appearing for the petitioner submits that this is the third petition filed by the petitioner for anticipatory bail. The earlier petitions were dismissed by this Court on 12.08.2021 and 14.09.2021. He further submits that the petitioner is in no way connected with the offence and she has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.
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CRL OP(MD). No.17674 of 2021
4. The learned Government Advocate (Crl. Side) submits that this is the third anticipatory bail petition. The first anticipatory bail petition Was dismissed by this Court vide order dated 12.08.2021 in Crl.O.P.(MD)No.10936 of 2021, on the ground that the petitioner collected exorbitant interest from the deceased and harassed him, on account of which, he committed suicide. The respondent police has recovered the suicidal note, during investigating. Since there is specific allegation against the petitioner in the suicide note, it was dismissed. The second petition filed by her was also dismissed as there was no change of circumstances in the case.
5.Even today, the learned Government Advocate submits that there is no change of circumstances in this case.
6. Considering the nature of allegations levelled against the petitioner, and there is no change in circumstances, after the dismissal of earlier petition, this Court is not inclined to grant anticipatory bail to the petitioner.
7.Accordingly, the Criminal Original Petition is dismissed. sd/- 30/11/2021 / 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 T.VADIPATTI POLICE STATION, MADURAI DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.17674 of 2021 Date :30/11/2021 VRN SA/PN/SAR.3/09.12.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2