Gurunathan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Tenth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.25879 of 2021 GURUNATHAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KOLATHUR POLICE STATION, SALEM DISTRICT.

(CR.NO.360 OF 2021) For Petitioner : M/S.D.SRIDHAR Advocate For Respondent : MR.N.S.SUGANTHAN, 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 at the hands of the respondent police for the alleged offence under Section 174 Cr.P.C., altered into Section 305 IPC in Crime No.360 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant, who is the mother of the deceased lodged a complaint before the respondent police stating that her daughter was missing and thereafter came to know that the petitioner's son viz., Arul who is the 1st accused had love affair with her daughter and alleging that the petitioner had attempted to perform the marriage between Arul and the deceased. Further, on 24.09.2021 at about 3.00 p.m., due to mental stress and agony, the defacto complainant's daughter committed suicide by hanging herself in her house. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner's son had love affair with the deceased and that was objected by the defacto complainant for which, the daughter of the defacto complainant committed suicide by hanging herself in her house. In order to convert the case against the petitioner, the https://hcservices.ecourts.gov.in/hcservices/

defacto complainant has lodged a false complaint against the petitioner. He would further submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that still the investigation has not been completed and if the petitioner is released on bail he may be tamper the evidence. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the investigation has not yet completed, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 10/01/2022 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, KOLATHUR POLICE STATION, SALEM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.SENTHILKUMAR Advocate on payment of necessary charges CRL OP.25879/2021 Date :10/01/2022 CSK 25/01/2022 https://hcservices.ecourts.gov.in/hcservices/