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Madras High CourtCRL OP(MD)/15803/2024dismissed

Mathiyarasan v. The State Of Tamil Nadu

2024-09-20Honourable Mr Justice D.Bharatha Chakravarthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Mathiyarasan, ... Petitioner/9th Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.

Crime No. 67/2023.

... Respondent/Complainant For Petitioner : M/s. Muniyandi.S, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 482 BNSS PRAYER :- For Anticipatory Bail in Crime No. 67 of 2023 on the file of the respondent police 1/3

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 279, 337, 304 I.P.C @ Sections 147, 148, 149, 120(B), 109, 302 and 201 IPC, in Cr.No.67 of 2023, seeks anticipatory bail. 2.The case of the prosecution is that when the husband of the defacto complainant was riding his two wheeler along with his son, a 407 vehicle bearing Registration No.TN-57-E-4902, dashed against the two wheeler and thereby, husband of the defacto complainant died on the spot and her son got injured. Hence, the complaint.

3.Heard the learned counsel on either side and perused the material records of the case.

4. Considering the nature of allegation that initially the case was set up as if it is an accident and thereafter, it was altered to 302 I.P.C. and considering the fact that this Court has already considered the issue in detail, including the role played by the petitioner and dismissed the anticipatory bail application on 08.08.2024, I am not 2/3

inclined to entertain this second application ,merely because the investigation has proceeded further or or that some other accused have been arrested will not be considered as change of circumstances to grant anticipatory bail in the case of murder. Therefore this Petition stands dismissed. sd/- 20/09/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO 1 THE INSPECTOR OF POLICE, THIRUMANGALAM TALUK POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.15803 of 2024 Date :20/09/2024 SS/VR/SAR- /16/10/2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3