Prabakaran v. The State Rep By

Crl.M.P.No.5611 of 2024 in Crl.O.P.No.5799 of 2024 C.V.KARTHIKEYAN, J.

The petitioner is an accused in Crime No.304 of 2021 originally registered under Section 174 Cr.P.C., and subsequently altered to Sections 450, 417, 376(2)(n), 313 and 306 IPC. 2.It is stated that the occurrence happened on 14.05.2021 and the victim died on 15.05.2021. At the time of death, the victim was also five to six months pregnant. The DNA test had been conducted on the fetus as well as on the petitioner and it had been revealed that the petitioner is the biological father of the child in the womb. 3.This Court had taken all the factors into consideration and particularly that investigation has been completed had granted bail to the petitioner by an order dated 13.03.2024 in Crl.O.P.No.5799 of 2024 and had directed that the petitioner should deposit a sum of Rs.2,00,000/- to be given to the defacto complainant. This petition has been filed seeking modification of that particular condition.

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C.V.KARTHIKEYAN , J.

smv 4.The learned counsel for the petitioner stated that the petitioner has a certificate issued by the Village Administrative Officer that the petitioner is below the poverty line. This certificate dated 14.03.2024 has been obtained, after the order dated 13.03.2024 and therefore, it has no value at all as it has been obtained with intention to avoid payment of the deposit of Rs.2,00,000/-. 5.It is stated that the petitioner is prepared to deposit documents of title but that will be worthless papers in the hands of the defacto complainant.

6.Observing as above, I am not inclined to modify the condition. Accordingly, this Criminal Miscellaneous Petition stands dismissed.

28.03.2024 smv Crl.M.P.No.5611 of 2024 in Crl.O.P.No.5799 of 2024 2/2 https://www.mhc.tn.gov.in/judis