Ravichandran v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2024

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Ravichandran ... Petitioner Vs.

The State represented by, The Inspector of Police, Vettaikaraniruppu Police Station, Nagapattinam District.

(Crime No. 159 of 2023).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioner on bail, in Crime No.159 of 2023 on the file of the respondent Police.

For Petitioner : Mr.A.Jotheeswaran For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 26.08.2024, for the alleged offences punishable under Section under Section 174 Cr.P.C., @ under Section 306 of IPC in Crime No.159 of 2023, 1/6

on the file of the respondent police, seeks bail.

2. The case of the prosecution as per the de-facto complainant is that the deceased, namely Karthikeshwari had illicit intimacy with the petitioner. It is alleged that the petitioner had videos of sexual intercourse with the deceased and threatened to show them to her elder daughter, due to which, the deceased had committed suicide by hanging herself. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that this is the second bail petition filed by the petitioner. He further submits that the petitioner is an innocent person and due to previous enmity, he has been falsely implicated in this case. He has not committed any offence as alleged in the FIR. He further submitted that the petitioner is in judicial custody for 45 days. Hence, he prayed for bail stating that, the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. 2/6

4. Learned Government Advocate (Criminal Side) appearing for the respondent police submitted that that the petitioner and the deceased had an illegal affair. At that time, the petitioner took some videos and later threatened the deceased that he had shown the videos to her elder daughter, due to which, she committed suicide by hanging. He further submits that the petitioner has no previous case pending against him. He further submit that the investigation in this case is almost completed. However, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the submissions made on both side counsel, nature of offence, considering the period of incarceration undergone by the petitioner, and the petitioner has no previous case pending against him and also the material witnesses statements have been recorded by the investigation officer also considering all others factors, I am inclined to grant bail to the petitioner, subject to certain conditions. 3/6

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Vedharanyam, Nagapattinam District, and on further conditions that:- [a] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[b] the Petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[c] the Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

[d] the Petitioner shall not abscond either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the Petitioner in accordance with law as if the conditions have been imposed 4/6

and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; and [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

03.10.2024 drl To 1.The Judicial Magistrate, Vedharanyam, Nagapattinam District.

2.The Inspector of Police, Vettaikaranirupu Police Station, Nagapattinam District.

3.The Superintendent, Central Jail, Nagapattinam.

4.The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

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drl 03.10.2024 6/6