Madras High CourtCRL OP/5740/2016dismissed

Nethaji, v. State By Inspector Of Police,

2016-04-06Honourable Mr Justice K. Kalyanasundaram2 pages

Crl.OP No.5740 of 2016 K.KALYANASUNDARAM, J.

The petitioners, who are arrayed as A1, apprehends arrest at the hands of the respondent police for alleged offences punishable under Section 174 Cr.P.C and subsequently altered the offence under Section 306 IPC in Crime No.263 of 2015 on the file of the respondent police and hence seeks anticipatory bail.

2. The case of the prosecution is that the deceased Deepa has fallen in love with the petitioner/accused. While so, the accused by giving false promise, had physical relationship with her and made her pregnant and subsequently he refused to marry her. It is further alleged that on 25.05.2015, the accused called the said Deepa and after receiving the love letters sent by him and her cell phone, he threatened her with dire consequences. Hence at the instigation of the petitioner, she committed suicide. It is further alleged that the accused had taken her to the Hospital at Melmaruvattur and aborted the child.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the respondent.

K.KALYANASUNDARAM, J.

kal 4.Learned Government Advocate (Criminal Side) strongly opposed to grant the anticipatory bail petition stating that the accused has committed heinous crime and due to physical relationship between the accused and the deceased, she was conceived and the child was aborted by the petitioner and subsequently, as he refused to marry her and also threatened her, so she ended her life by committing suicide. It is further submitted that the petitioner is having illegal relationship with other ladies also.

5. Considering the fact that the offence alleged against the petitioner is grave in nature and the earlier anticipatory bail petition was dismissed as not pressed by this Court in Crl.OP.No.19817 of 2016 dated 26.11.2015, I do not find any reason to consider this petition. Accordingly, this Criminal Original Petition is dismissed. 06.04.2016 kal Crl.OP No.5740 of 2016