Madras High CourtCRL OP/23034/2021dismissed

M. Haridharan v. State Rep. By

2021-12-02Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Second day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.23034 of 2021 M.HARIDHARAN [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KANCHEEPURAM TALUK POLICE STATION, KANCHEEPURAM.

CRIME NO. 1545 OF 2021 For Petitioner : M/S.N.R.NIXON, Advocate for M/S. N.POOVANALINGAM Advocate For Respondent : MR.N.S.SUGANTHAN, Government Advocate, (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Section 174 of IPC, later altered into Section 306 of IPC in Crime No.1545 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. This is the second anticipatory bail application filed before this Court. 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 through his whatsapp message due to the mental stress and agony, the defacto complainant's daughter committed suicide. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that due to the torture and humiliation meted out by the defaco complainant's parents and siblings, the deceased committed suicide. He also further submitted https://hcservices.ecourts.gov.in/hcservices/

that there is no any statement given by the deceased before her death. He further submitted that the relative of the defacto complainant broke open the petitioner's house and damaged the household articles, a false case has been foisted against this petitioner. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that earlier application was dismissed by this Court in Crl.O.P.No.21130 of 2021 dated 10.11.2021 and there is no change of circumstances. He further submitted that there is serious allegation made against the petitioner and the investigation is at initial stage. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that there is serious allegation made against the petitioner and earlier application was dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 02/12/2021 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 INSPECTOR OF POLICE, KANCHEEPURAM TALUK POLICE STATION, KANCHEEPURAM.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. N.POOVANALINGAM Advocate on payment of necessary charges CRL OP.23034/2021 Date :02/12/2021 RW 14/12/2021 https://hcservices.ecourts.gov.in/hcservices/