M Senthil Kumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2020

CORAM

THE HONOURABLE MR. JUSTICE A. D. JAGADISH CHANDIRA Crl.O.P.No.18210 of 2020 M.Senthil Kumar ... Petitioner Vs.

The State Represented by,

...Respondent

The Inspector of Police, T-10, Thirumullaivoyil Police Station, Chennai.

(Cr.No.1399/2013) Prayer:

Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioner on bail in the event of his arrest by the respondent police concerned in Crime No.1399 of 2020 on the file of the respondent.

For Petitioner : Mr.P. Prathipan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

(This case has been heard through video conference) The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 174 clause(iii) @ 306 of I.P.C, in Crime No.1399 of 2013, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that his daughter married the petitioner on 05.12.2008 and out of the wedlock they have a female child. Whileso, the petitioner is having illegal relationship with another women and thereby there was a wordy quarrel between the petitioner and the daughter of the defacto complainant as a result the deceased committed suicide by hanging. Hence, the complaint.

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

The learned Additional Public Prosecutor appearing for the respondent would submit that this is the third anticipatory bail application before this Court and the petitioner has earlier approached this Court in Crl. O.P. nos., 8701 of 2015 and 1255 of 2015 and the earlier applications were dismissed. He would further submit that the petitioner has suppressed about the earlier applications in this present petition. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts of the case as also the fact that and the petitioner has suppressed about the earlier dismissal of anticipatory bail petitions, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed with costs of Rs.5,000/-(Rupees five Thousand Only) payable to the Chief Justice Relief Fund.

-sd/- 19/11/2020 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, AMBATTUR.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, T-10 THIRUMULLAIVOYIL POLICE STATION, CHENNAI.

5 THE SECTION OFFICER ACCOUNT SECTION CHIEF JUSTICE RELIEF FUND HIGH COURT, MADRAS.

CC to M/S. P PARTHIPAN Advocate on payment of necessary charges CRL OP.18210/2020 Date :19/11/2020 TA-07/12/2020