The Madras High Court rejected a petition for anticipatory bail under Section 438 CrPC for the first accused facing IPC charges of domestic violence and adultery. Noting the earlier dismissal of his petition and absence of changed circumstances, the court declined to grant bail while granting it to other in-laws.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Tuesday, the Ninth day of November Two Thousand Twenty One
PRESENT
The Hon`ble Mr Justice M.DHANDAPANI
CRIMINAL ORIGINAL PETITION No.20928 of 2021
V.SATHISH BABU [ PETITIONER / ACCUSED ]
Vs
STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KILPAUK, CHENNAI. CR.NO.15/2021.
For Petitioner : M/S.A.SARAVANAN Advocate
For Respondent : MR. N.S.SUGANTHAN, Govt. Advocate ( Crl. Side)
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable U/s 498(A), 294(b) and 506(i) of IPC, 1860, in Crime No.15 of 2021 on the file of the respondent police, seeks anticipatory bail.
4.The learned Government Advocate (Crl.Side) submits that the petitioner is the first accused. He further submits that the petitioner cheated the defacto complainant and thereby performed second marriage. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.
5.Considering the facts and circumstances of the case and also considering that the earlier anticipatory bail petition was dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.
6.Accordingly, this Criminal Original Petition is dismissed.
-sd/-
09/11/2021
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO
1 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KILPAUK, CHENNAI.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.A.SARAVANAN Advocate on payment of necessary charges
CRL OP.20928/2021
Date :09/11/2021
RVR 18/11/2021
2 issues framed by the court
Whether anticipatory bail should be granted to the first accused who has a dismissed petition history with no changed circumstances.
Whether the allegations of cheating and dowry harassment justify denying anticipatory bail.
2 provisions across 2 enactments
V. SATHISH BABU
STATE REP BY INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KILPAUK, CHENNAI
M. DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
