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Madras High CourtCRL OP(MD)/21129/2022dismissed

Amutha v. The Inspector Of Police

2022-11-30Honourable Mr Justice G.Ilangovan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/11/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.21129 of 2022 Amutha ... Petitioner/Accused No.8 Vs The State Rep.by The Inspector of Police, Manamadurai Police Station, Sivagangai District.

Crime No.198 of 2022.

... Respondent/Complainant For Petitioner : M/s.Balaji A, Advocate.

For Respondent : Mr.SS.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.198 of 2022 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/Accused No.8, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 342, 302, 109 and 506(ii) of IPC in Crime No.198 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The earlier anticipatory bail application filed by the petitioner in Crl.O.P.(MD).No.12658 of 2022 and 16744 of 2022 were dismissed by this Court, on the ground that the petitioner was involved in assaulting the deceased. Now, alteration report has been made stating that no assault was made by the petitioner to the deceased. But, however, she instigated the first accused to commit the above said assault. Because of the above said assault, the deceased died.

3.The learned counsel for the petitioner would submit that she was not at all present in the place of occurrence during the relevant time and she has been wrongly implicated in this case. This is the contention of the petitioner right from the beginning. https://www.mhc.tn.gov.in/judis 1/2

4.On earlier occasion, the learned Government Advocate (Crl. Side) also submitted that investigation has been completed and final report was also filed before the concerned Court. Therefore, the petitioner was directed to surrender before the concerned Court and seek regular bail.

5.Even though a specific direction has been issued to the petitioner to surrender before the concerned Court, repeated applications have been filed on the ground that co-accused has been granted bail. Since it is a case of murder, the above said direction was issued. But the same was not complied. Such type of attitude of the petitioner cannot be encouraged by this Court. The petitioner must comply the earlier direction of this Court. This petition deserves to be dismissed. Accordingly, dismissed. sd/- 30/11/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MANAMADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE MANAMADURAI POLICE STATION, SIVAGANGAI DISTRICT.

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

+1 CC to M/s.A.BALAJI, Advocate ( SR-14111[I] dated 01/12/2022 )

ORDER

IN CRL OP(MD) No.21129 of 2022 Date :30/11/2022 TM MK/VR/SAR 1/21.12.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2