Perumal v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2021

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.20289 of 2020 Perumal ... Petitioner Vs.

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

(Crime No.94 of 2020) ... Respondent 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 on the file of the respondent police. For Petitioner : Mr.Gnanasekar for Mr.J.Ranjithkumar For Respondent : Mr.Hari Arumugam, Government Advocate(Crl.side)

O R D E R

The petitioner who apprehends 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 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 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 Government Advocate (Crl.side) would submit that earlier this Court had dismissed the Anticipatory Bail petition in Crl.O.P.No.12156 of 2020 dated 13.08.2020. He further submitted that there is no change in circumstances. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

6. It is seen that already this Court dismissed the anticipatory bail petition filed by the petitioner on 13.08.2020. Now also there is no change of circumstance in this case. However, the respondent even till today, has not taken any step to secure the petitioner for investigation. Therefore, this Court directed the respondent to be present before this Court through video conference and he is also present. He submitted that due to covid-19 situation, he was not able to secure the petitioner. Hence, the respondent is directed to secure the petitioner as expeditiously as possible and complete the investigation in Crime No.94 of 2020.

7.With the above direction, this Criminal Original Petition is dismissed.

-sd/- 11/01/2021 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 THE INSPECTOR OF POLICE, POONAMALLEE POLICE STATION, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.J.RANJITHKUMAR Advocate on payment of necessary charges CRL OP.20289/2020 Date :11/01/2021 ksm10/02/2021