Velmurugan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Second day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.24566 of 2021 IN PRC No.32 of 2021 (on the file of District Munsif Cum Judicial Magistrate, Parangipettai, Cuddalore District) VELMURUGAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, BHUVANAGIRI POLICE STATION, CUDDALORE DISTRICT.

(CR.NO. 1088 OF 2020) For Petitioner : M/S.S.KASIRAJAN Advocate For Respondent : MR.A.GOKULAKRISHNAN, Govt. 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 Sections 306, 498(a) IPC in PRC No.32 of 2021 pending trial on the file of the District Munsif cum Judicial Magistrate, Cuddalore, in Crime No.1088 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is the husband of the deceased. Further, the petitioner had harassed the deceased, due to which, she had committed suicide and died. 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 the deceased used to torture the petitioner mentally due to that the petitioner used to complaint about the attitude of his wife to the defacto complainant and thereby misunderstanding developed between the defacto complainant and the petitioner, a false case has been given. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submits that the case was registered and the same was closed as Mistake of Fact. Subsequently, the mother of the deceased gave another complaint to conduct further investigation. As per the Final report stated that there is a dowry harassment made by the petitioner and case was registered for the offence under Sections 306, 498(a) IPC. He further submitted that the investigation has been completed and the charge sheet has also been filed in PRC.No.32 of 2021 on the file of the District Munsif cum Judicial Magistrate, Parangipettai, Cuddalore. 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 the deceased had committed suicide due to mental agony and dowry harassment made by the petitioner and the charges were framed against the petitioner for dowry harassment. Hence, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 22/12/2021 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 DISTRICT MUNSIF - CUM- JUDICIAL MAGISTRATE, PARANGIPETTAI, CUDDALORE DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, BHUVANAGIRI POLICE STATION, CUDDALORE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.S.KASIRAJAN Advocate on payment of necessary charges SR.NO.15401 CRL OP.24566/2021 Date :22/12/2021 CSK 03/01/2022