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Madras High CourtCRL OP(MD)/18999/2023dismissed

Muthuchamy @ Muthusamy v. The Inspector Of Police

2023-10-20Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/10/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Muthuchamy ... Petitioners / Accused No.1 Vs State represented by The Inspector of Police, Devakottai Town Police Station, Sivagangai District.

(Crime No.171 of 2023) ... Respondent/Complainant For Petitioner : Mr.D.Rajaboopathy,Advocate.

For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.171 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/ Accused who apprehends arrest at the hands of the respondent 1/3

police for the offences under Sections 174 of IPC altered into Section 306 of IPC, in Crime No.171 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant's first daughter namely Priyadharshini was married to the first accused Muthuchamy some 14 years prior to the occurrence. Muthuchamy is a Mason by profession. Two children were born to them. He is addicted to liquor. Because of that, frequent petty quarrel arose between them. On 16.07.2023, again quarrel arose between them. At about 02.00 pm, she committed suicide by hanging. That was informed by Yuvaraj, the son of the deceased. They went to the place of occurrence and took the deceased to the hospital, where she was declared to be dead. On the basis of the complaint given by the defacto complainant, initially a case was registered under Section 174 of Cr.P.C., later, it was altered to section 306 of IPC.

3. Heard both sides.

4. Learned Additional Public Prosecutor submitted that the earlier applications of the petitioner seeking anticipatory bail, have been dismissed by this Court, considering the grievous nature of offence that has been committed by the petitioner. There is no change in circumstances.

5. Considering the facts and circumstances of this case and there is no change in circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. I 2/3

find no reason to entertain this petition.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 20/10/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN TO THE INSPECTOR OF POLICE DEVAKOTTAI TOWN POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.18999 of 2023 Date :20/10/2023 PKP/DD/SAR- /01.11.2023/ 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3