M.Rajesh v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Third day of June Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.10777 of 2021 M.RAJESH [ PETITIONER / ACCUSED ] Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CHEYYAR POLICE STATION, TIRUVANNAMALAI.

(CR.NO.124/2021) For Petitioner : M/S. K.KANNAN Advocate For Respondent : M/S. A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 376(i), 417 and 506(i) IPC, altered into Sections 294(b), 376(i), 417 and 506(i) & 306 IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, in Cr.No.124 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant has preferred a complaint before the respondent Police alleging that on 16.03.2021, her 1st daughter, namely, Nirmala, aged about 20 years, committed suicide by consuming pesticide, used for agricultural purpose for the reason that the petitioner had refused to marry her and threatened. Hence this case.

3. The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further points out that the petitioner is in jail for nearly 90 days and prays for grant of bail.

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4. The learned Government Advocate (Crl.Side) submits that this is the second bail petition of the petitioner and there is no change of circumstances.

5. This Court is of the view that the petitioner may approach the Trial Court for default bail. Since there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. However, the petitioner is at liberty to workout his remedy before the competent forum.

6. This Criminal Miscellaneous Petition is dismissed accordingly.

-sd/- 23/06/2021 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 THE JUDICIAL MAGISTRATE, CHEYYAR, TIRUVANNAMALAI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, CHEYYAR POLICE STATION, TIRUVANNAMALAI.

+1 CC to M/S. K.KANNAN Advocate on payment of necessary charges SR.No.6767 CRL OP.10777/2021 Date :23/06/2021 cs 08/07/2021 https://hcservices.ecourts.gov.in/hcservices/