C.Subramanian v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY C.Subramanian, ... Petitioner/Accused Vs The Inspector of Police, Karaikudi South Police Station, Sivagangai District.
(Crime No.204/2024).
... Respondent/Complainant Dr.Kumaresan ... Petitioner / Intervener / Defacto Complainant in Crl.M.P.No.9409 of 2024 Swetha ... Petitioner / Intervener / Victim in Crl.M.P.No.9492 of 2024 For Petitioner : Mr.B.Kumar, Senior Advocate for Mr.P.C. Rajapriyan, Advocate.
For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) 1/5
For Intervener : Mr.R.Gomathi, Senior Advocate for Mr.Manoj Kumar in Crl.M.P.No.9409 of 2024 For Intervener : Mr.C.Ezhilarasu, Advocate.
in Crl.M.P.No.9492 of 2024 PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No.204/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 115(2), 118(1), 127(1), 191(2), 191(3), 296(b), 308(7), 351(3) of BNS and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Cr.No.204 of 2024, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and the defacto complainant are friends. The defacto complainant is running a hospital at Karaikudi and his own brother Senthilkumar was the Administration Manager of the Hospital.
The defacto complainant came to know that his brother has swindled money from the hospital with the aid of some employees. Since the petitioner is a friend of the defacto complainant, he discussed that issue with him.
employee. Thereafter, he informed the defacto complainant that the said Swetha has some documents and audio records with reference to the misappropriation and invited him to a guest house at Ariyakudi. On believing the same, the defacto complainant went to that place and asked about the documents and audio records from the petitioner and the said Swetha. At that time, at the instigation of the petitioner, unknown persons are said to have trespassed into the house and attacked the defacto complainant by abusing him in filthy language. Subsequently, they tied his hands and snapped a photo along with the said Swetha and demanded a sum of Rs.1 crore within 48 hours by threatening him that if he is failed to give that amount, they will uploaded the said photos in Social Media. Hence, the complaint.
3. The learned senior counsel appearing on behalf of the petitioner would submit that this case is extremely false. According to him, the allegation can never be true. If the defacto complainant is abducted for ransom, then he would not have been let out. There is no allegation that the petitioner threatened any family members and got any money. The majority of the offences, which are alleged in the instant case are bailable except for threatening the defacto complainant. Under the BNS, the offence of extortion is also a bailable offence. Therefore, he prayed that the petitioner may be enlarged on bail.
4.Considering the nature of the allegations against the petitioner that the 3/5
petitioner was having relationship with one Swetha by taking a video and threatening her and subsequently, implanting the said Swetha in the hospital of the defacto complainant as a receptionist and subsequently, making them come to his guesthouse, and attempting to forcibly take some pictures and trying to extract money, I am of the view that this is not a fit case for enlarging the petitioner on anticipatory bail.
5. Accordingly, this Criminal Original Petitition stands dismissed. sd/- 09/09/2024 / TRUE COPY / / 09 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO 1 THE INSPECTOR OF POLICE KARAIKUDI SOUTH POLICE STATION, SIVAGANGAI DISTRICT.
2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.14381 of 2024 Date :09/09/2024 PSP/ GS /SAR /27.09.2024/ 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5