Selvam @ Iniya Thirunangai v. State Rep By

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b) and 506(1) of IPC in Crime No.207 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that both the petitioner and the defacto complainant are transgender and they are known to each other. While so, the petitioner has demanded monies from the defacto complainant on several occasion and the defacto complainant has also given money to the petitioner. Due to his frequent demand, the defacto complainant has went to her house. However, on 16.03.2022, the petitioner along with other transgenders went to defacto complainant's house and demanded further money. Due to which, the defacto complainant set herself on fire. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the defacto complainant has obtained loans from the petitioner, but failed to repay the same. However, the defacto complainant has arm-twisted the entire facts as if that she had paid monies to the petitioner. He would further submit that the petitioner is prepared to abide by any stringent conditions that may be imposed by this Court and hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) would submit that based on the dying declaration, the offence has been altered into Section 360 of IPC and the arrest of the petitioner is highly needed for proper interrogation. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5.Heard both sides and perused the materials including the dying declaration.

6.Taking into consideration the facts and circumstances of the case and also considering the dying declaration of the deceased and considering the gravity of the offence, this Court feels that if the petitioner is enlarged on anticipatory bail, there cannot be any proper interrogation and there is a possibility of hampering or tampering of the witnesses. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. 7.Accordingly, this Criminal Original Petition is dismissed. 16.12.2022 sp

T.V.THAMILSELVI,J.

sp 16.12.2022