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Madras High CourtCRL OP/29602/2018dismissed

Anbarasan v. The State Rep By Its,

2018-12-19Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Nineteenth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.29602 of 2018 ANBARASAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, MANALURPET POLICE STATION, VILLUPURAM DISTRICT CR.NO.96 OF 2018.

For Petitioner : M/S.DHARANI KASINATHAN Advocate For Respondent : MR. R.RAVICHANDRAN, 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 for the alleged offence under Sections 174 of Cr.P.C. and 306 of IPC in Crime No.96 of 2018, on the file of the respondent police, seeks a bail. 2.Heard both sides.

3.The case of the prosecution is that the petitioner and the defacto complainant are residing in the same village and also residing in the opposite house. While so, the petitioner has given sexual torture to the defacto complainant's daughter continuously over cell phone and that unable to bear the torture, she self-immolated by hanging at the bathroom over roof. Hence, a complaint has been lodged against the petitioner.

4.The learned counsel for the petitioner would submit that the petitioner and the defacto complainant love each other. Since the defacto complainant refused for the marriage, the defacto complainants daughter committed suicide and the petitioner is no way connected to this case. Hence, he prayed for grant of anticipatory bail to the petitioner.

5.The learned Government Advocate (Crl. Side) appearing for the State would submit that, the victim girl is studying III year B.Sc. Nursing Course at Coimbator College. While so, the petitioner being a well know person to the victim had continuously given sexual torture.

She had initially consumed poison and after treatment she recovered. Thereafter also the petitioner has given torture to the victim girl and hence she committed suicide and hence, he vehemently opposed for grant of anticipatory bail to the petitioner. He further submitted that investigation is still pending.

6.Taking into consideration the facts and circumstances and also taking note of the gravity of offence committed by the petitioner and there is no change of circumstances and also the investigation is still pending, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this petition is dismissed. -sd/- 19/12/2018 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, MANALURPET POLICE STATION, VILLUPURAM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.DHARANI KASINATHAN Advocate on payment of necessary charges CRL OP.29602/2018 Date :19/12/2018 ths : 27.12.2018