Nithyananthan v. The State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Second day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13321 of 2021 NITHYANANTHAN [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, TIRUVENNAINALLUR POLICE STATION, VILLUPURAM DISTRICT.

CRIME NO.538 OF 2021.

For Petitioner : M/S.E.C.RAMESH Advocate For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehend arrest at the hands of the respondent police for the alleged offence under Section 306 of I.P.C. r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Cr.No.538 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is alleged to have loved the defacto complainant's daughter and thereafter refused to marry her, due to which, she committed suicide. 3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and that he has been falsely implicated in the case. He further submitted that the defacto complainant's daughter had one side love with the petitioner and forced him to marry her, for which, he refused.

4.The learned Government Advocate submitted that investigation reveals that there was no sexual relationship between the petitioner and the deceased.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate II, Ulunthurpet, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 02/08/2021 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, NO.II, ULUNTHURPET.

2 THE CHIEF JUDICIAL MAGISTRATE VILUPPURAM [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, TIRUVENNAINALLUR POLICE STATION, VILLUPURAM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.E.C.RAMESH Advocate on payment of necessary charges CRL OP.13321/2021 Date :02/08/2021 JPA 09/08/2021