Madras High CourtCRL OP/21130/2021dismissed

M. Hariharan v. State Rep By

2021-11-10Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Tenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.21130 of 2021 M. HARIHARAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, KANCHEEPURAM TALUK POLICE STATION, KANCHEEPURAM DISTRICT.

CR.NO.1545 OF 2021.

For Petitioner : M/S. N.POOVANALINGAM Advocate For Respondent : MR.A.GOKULAKRISHNAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Section 174 of IPC subsequently altered into Section 306 of IPC in Cr.No.1545 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and the deceased had love affair and continuously used to chat on social media and thereafter, the petitioner tortured the defacto complainant's daughter/deceased through his watsapp messages due to the mental stress and agony, the defacto complainant's daughter committed suicide. Hence, the defacto complainant lodged a complaint against the petitioner.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that due to the torture and humiliation meted out by the defacto complainant's parents and siblings, the deceased committed suicide. He further submitted that there is no any statement given by the deceased before her death. Hence he prays for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Additional Public Prosecutor submitted that the petitioner and the deceased were friends and the petitioner forced her to marry and when the same was refused by the deceased, the petitioner threatened the deceased that he would publish the photos in the social media thereafter, the defacto complainant was not able to bear those tortures done by the petitioner, the defacto complainant's daughter committed suicide. He further submits that the investigation is pending in this case and hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and that the investigation is not yet completed, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the petition seeking anticipatory bail is dismissed. -sd/- 10/11/2021 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 INSPECTOR OF POLICE, KANCHEEPURAM TALUK POLICE STATION, KANCHEEPURAM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. N.POOVANALINGAM Advocate on payment of necessary charges CRL OP.21130/2021 Date :10/11/2021 RVR 18/11/2021 https://hcservices.ecourts.gov.in/hcservices/