V.Jayaraman v. State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2021

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.16021 of 2020 and Crl.M.P.No.6764 of 2020 V.Jayaraman .. Petitioner Vs.

The State of Tamil Nadu, Represented by its:

Inspector of Police (Crime), R3 Ashok Nagar Police Station, Chennai.

Crime No.35 of 2020 .. Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to grant anticipatory bail in the event of his arrest by the respondent in R3 Ashok Nagar Police Station Crime No.35 of 2020 pending investigation on the file of the respondent police.

For Petitioner : Mr.D.Percivul Pericles For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

O R D E R

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 498A, 306, 506(i) IPC in Crime No.35 of 2020, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is the husband of the victim, who had committed suicide due to the harassment of the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offence. He had also submitted that there was a property dispute between the petitioner and the victim, due to which he has been falsely implicated in this case and he has in no way instigated the victim to commit suicide. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that initially the case was registered under Section 174 of Cr.P.C and the victim has left a suicide note, based on that RDO enquiry was conducted and the section was altered as the petitioner has instigated the victim to commit suicide. He also submitted that the petitioner is absconding due to which the investigation cannot be progressed. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and the fact that the victim has left a suicide note and since the petitioner is absconding the investigation cannot be progressed, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petition is closed.

7. The respondent police is directed to secure the petitioner and complete the investigation within a period of 3 months from the date of receipt of the order.

-sd/- 29/01/2021 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 METROPOLITAN MAGISTRATE NO.XVII, SAIDAPET UNIT, CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION]

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE (CRIME) R-3 ASHOK NAGAR POLICE STATION, CHENNAI.

CC to M/S.M.UDAIYA BHANU Advocate on payment of necessary charges CRL OP.16021/2020 & CRL.MP.6764/2020 Date :29/01/2021 cs 03/02/2021