Perumal v. State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Perumal ... Petitioner/Sole Accused Vs.

The State of Tamil Nadu through the, Inspector of Police, Poonamallee Police Station, Chennai.

(Crime No.94 of 2020) ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.94 of 2020 pending investigation on the file of the respondent police. For Petitioner : Mr.AR.L.Sundaresan, Senior Counsel for M/s.K.S.Karthik Raja For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

O R D E R

The petitioner who apprehend arrest at the hands of the respondent police for the offence punishable under Section 306 of IPC, in Crime No.94 of 2020, seeks anticipatory bail.

2. The case of the prosecution is that the accused had been intimacy with the victim/deceased for the past two years illegally. While their relationship, the victim attempted to commit suicide by consuming poison and the accused admitted her in Eddison Hospital at Tiruchendur and spent all medical expenses. The accused is a married man and also having two children. Thereafter, he intimated the defacto complainant not to give any complaint before the Police Station in respect of her attempt to commit suicide. He also gifted one gold chain weighing five sovereigns as marriage gift and on 14.02.2020, the victim married one Muthu at Tiruchendur and they have also started their matrimonial life.

3. While being so, the accused started to contact the victim/deceased over her phone and also gave sexual torture, thereby

asking her to continue their relationship and also compelled her to settle a sum of Rs.7 Lakhs being the medical expenses spent by him. Further alleged that the accused threatened the victim that if she denied to continue her relationship with him, he will exhibit all the photos through whatsapp and other social media and also to her husband and other relatives. Due to the torture, the victim committed suicide. Hence, the complaint.

4. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Therefore, he prays to grant anticipatory bail to the petitioner.

5. The learned Additional Public Prosecutor would submit that earlier this Court had dismissed the Anticipatory Bail petition in Crl.O.P.No.9994 of 2020 dated 03.07.2020. He further submitted that there is no change in circumstances. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case and the fact that there is no change in circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition is dismissed.

13.08.2020 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order ssn To

1. The Judicial Magistrate, No.I, Poonamallee.

2. The Inspector of Police, Poonamallee Police Station, Chennai.

3. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J ssn 13.08.2020