P.Vijayakanth v. The Inspector Of Police

Crl.O.P.No.16442 of 2015 R.SUBBIAH, J.

Apprehending arrest at the hands of the respondent-police, in respect of the alleged commission of offence punishable under Section 306 IPC, in Crime No.166 of 2015, the petitioners have approached this Court seeking the relief of anticipatory bail under Section 438 of the Code of Criminal Procedure.

2.The case of the prosecution is that The complaint was lodged by the defacto-complainant, who is the father of the deceased Monisha. It is stated that the daughter of the defacto-complainant viz., Monisha, who was aged 17 years, was studying twelfth standard in a school at Chevaipet. While she was going to school, the petitioners herein used to follow her and indulged in teasing her regularly. Hence, she informed the same to her father/defactocomplainant. The defacto-complainant had also warned the petitioners. But, inspite of the same, the petitioners herein continued to tease her; hence, unable to tolerate the teasing made by the petitioners herein, the daughter of the defacto-complainant committed suicide. Hence, the complaint has been lodged by the defacto-complainant. 3.The learned counsel for the petitioners submitted that it is a false

case foisted against the petitioner. Further, actually there was a love affair between the 1st petitioner and the deceased Monisha and when the same came to the knowledge of the parents of the deceased Monisha, they started to torture her; unable to tolerate the same, she has committed suicide. Further, the 2nd petitioner is only a friend of the 1st petitioner and he has also been falsely implicated in this case. Thus, the learned counsel for the petitioners sought for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) opposed the grant of anticipatory bail to the petitioners stating that the petitioners have teased the deceased Monisha and unable to tolerate the same, she committed suicide. He has also produced the entire CD file for the perusal of this Court.

5. Keeping the submissions made on either side, I have carefully perused the entire CD file produced by the learned Government Advocate (Crl.Side) and I find that there is serious allegation against the petitioners herein. Considering the facts and circumstances of the case and taking note of the allegations made against the petitioners, I am of the opinion that at this stage, the submissions made by the learned counsel for the petitioners cannot be accepted. Further, as contended by the learned Government Advocate, if anticipatory bail is granted to the petitioners, it will hamper the

investigation which is at initial stage. Hence, I am not inclined to grant anticipatory bail to the petitioners and the petition is liable to be dismissed. In fine, the criminal original petition is dismissed. 15.07.2015 ssv

R.SUBBIAH, J.

ssv Pre-delivery order in Crl.O.P.No.16442 of 2015 15.07.2015