Nikhil Prasad @ Kannan v. The Inspector Of Police

CRL OP(MD). No.18537 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/11/2021 PRESENT The Hon'ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.18537 of 2021 NIKHIL PRASAD @ KANNAN ... PETITIONER/ACCUSED NO.1 VS THE STATE REP. BY, THE INSPECTOR OF POLICE, PAZHUGAL POLICE STATION, KANYAKUMARI DISTRICT.

(CRIME NO.147/2021).

... RESPONDENT/COMPLAINANT For Petitioner : M/s.Karthikeya Venkitachalapathy, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 147 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, who was arrested and remanded to judicial custody on 28.10.2021 for the offence punishable under Sections 174 Cr.P.C @ 306 of IPC and Section 67(A) of IT Act, in Crime No. 147 of 2021, on the file respondent police, seeks bail. 2.The case of the prosecution is that the deceased girl was studying second year B.Com., in National College at Kanyakumari District and due to separation of her parents and her mother is working in abroad, she was staying in the home of her maternal uncle. The petitioner herein, and the other accused became friends through whats-app. Thereafter, the petitioner herein and the deceased loved each other. Due to some difference of opinion with regard to marriage, she committed suicide on 22.1.2021. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that he is in custody from 28.10.2021. Hence, he prays to grant of bail to the petitioner.

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CRL OP(MD). No.18537 of 2021 4.The learned Additional Public Prosecutor would submit that the petitioner has uploaded the obscene photographs of the deceased in the inter-net, which was sent by the deceased on believing the words of the petitioner and that the properties ie., Cell phone and Laptop were seized from the petitioner.

5.Considering the seriousness and gravity of the offence alleged and also considering the fact that the investigation is in initial stage, this Court is not inclined to enlarge the petitioner on bail.

6. In the result, this Criminal Original Petition is dismissed. sd/- 25/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE OFFICER-INCHARGE, SUB JAIL, NAGERCOIL.

2. THE INSPECTOR OF POLICE, PAZHUGAL POLICE STATION, KANYAKUMARI DISTRICT.

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

ORDER IN CRL OP(MD) No.18537 of 2021 Date :25/11/2021 dss USK/VR/SAR-IV/(01.12.2021) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2