S.Ranjithkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2023 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA S.Ranjithkumar

...Petitioner/Sole accused

-vsState represented by The Inspector of Police, Athiramapattinam Police Station, Tanjavur District.

(in Cr.No.909 of 2020)

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C, praying to enlarge the petitioner on bail in the event of his arrest by the respondent Police with respect to Cr.No.909 of 2020.

For Petitioner : Mr.K.Prabhakaran, Advocate For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl.side) ****

ORDER

The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Section 306 IPC in Crime No.909 of 2020 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution, as per the de-facto complainant Thenmozhi is that her daughter, who was studying B.Sc. Computer Science 2nd year, was in love with one Ranjithkumar s/o Saravanan and they have reprimanded them and she severed the relationship. While so, on 06.06.2020 the defacto complainant's brother who was working in Singapore had informed her that in a Karayur Singam face book page, the accused has uploaded the photo of her daughter and Ranjithkumar together and when the defacto complainant called him through phone and questioned the said Ranjith Kumar, he had abused the family members and threatened her due to which her daughter committed suicide by consuming pesticides. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and the fact remains is that the 1/3

petitioner and the daughter of the defacto complainant Thulasi were in love and it was opposed by the parents of the victim and due to which she committed suicide by consuming pesticides whereas they have given a complaint as if the petitioner has threatened them. He would seek for anticipatory bail.

4.The learned Government Advocate (Crl.side) would submit that the petitioner was in love with the daughter of the defacto complainant and later the defacto complainant's daughter severed the relationship and the petitioner has uploaded the photos in which the defacto complainant's daughter is with the petitioner and when she questioned the same, the petitioner has threatened the family members and abused them with filthy language and he also stated that he will not allow her to live and thereby she committed suicide by consuming pesticides. He would oppose for grant of anticipatory bail to the petitioner.

5. Heard and perused the materials available on record. 6.Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate, Pattukottai, Thanjavur District, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall stay at Madurai and report before the Tallakulam police everyday at 10.30 a.m until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed 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]. 2/3

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 01/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CM TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI, THANJAVUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT.

3 THE INSPECTOR OF POLICE ATHIRAMAPATTINAM POLICE STATION, THANJAVUR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.3654 of 2023 Date :01/03/2023 VA/RG/SAR-2/(08.03.2023)/3P/5C 3/3