BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighteenth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10339 of 2011 E.HAROON NATHARSHA ... PETITIONER/SOLE ACCUSED Vs THE STATRE REP BY THE INSPECTOR OF POLICE TACHANALLUKR POLICE STATION., TIRUNELVELI DISTRICT. (CRIME NO.424 OF 2011 ) ... RESPONDENT/COMPLAINANT CHIDAMBARANATHAN ..DEFACTO COMPLAINANT For Petitioner : M/S. J.JEYAKUMARAN Advocate For Respondent :Mr.A.RAMAR, Govt. Advocate ( Crl. Side) For Intervenor:M/s.JEYAPAUL ASSOCIATES, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/sole accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 306, 384 I.P.C. r/w Section 4 of Woman Harassment Act, in Crime No.424 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned counsel for the petitioner would submit that the petitioner was falsely implicated in this case under Sections 306, 384 I.P.C. r/w Section 4 of Woman Harassment Act , in Crime No.424 of 2011. The deceased girl working under the petitioner and misappropriated the amount of Rs.30,000/- and the same was questioned her in front of others and asked her to repay the same within a period of one week and also a complaint was given on 16.07.2011. He further submits that the deceased is unable to repay the amount. Hence, a false case has been registered against the petitioner and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor would submit that a case has been registered under Section 174 Cr.P.C. and after https://hcservices.ecourts.gov.in/hcservices/ taking the suicide note written by the deceased, the case was altered into Sections 3 and 4(b) of Woman Harassment Act. While pursuing a Case Diary it is proved that there is a suicide note and in that it was stated that there is no specific allegations against the petitioner and in that it was shown that she has misappropriated of amount because of admit she did not want to face others so she was committed suicide and the investigation is going on. 4.The learned Counsel for the intervenor would submit that the petitioner forcibly got five grams of gold jewels as well as postal savings bank cheque. Hence, he seeks for dismissal of the petition. 5.Considering the rival submissions, that the deceased was misappropriated the amount of Rs.30,000/- On 16.07.2011 the petitioner herein about to prefer a complaint and the deceased and her father have approached the petitioner and sought for one week time for settling the amount, but she committed suicide on 20.07.2011. Even though a case has been registered under Section 174 Cr.P.C. subsequently altered into Section 306 Cr.P.C. While perusing the suicide note the allegations not only against the petitioner and also one Rajkumar who is lover of the deceased. Since a case has been registered under Sections 306, 384 I.P.C. r/w Section 4 of Woman Harassment Act, I am not inclined to grant anticipatory bail. However, I am inclined to direct the petitioner to surrender before the learned Principal District Judge, Tirunelvlei and the leaned Principal District Judge, Tirunelveli is directed to consider the bail application on the same day on merits in accordance with law. With the above direction this petition is disposed of. sd/- 18/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court Madurai - 625 023. TO 1.THE PRINCIPAL DISTRICT JUDGE, TIRUNELVELI 2.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI 3.THE INSPECTOR OF POLICE TACHANALLUKR POLICE STATION, TIRUNELVELI DISTRICT. +One . CC to M/S. J.JEYAKUMARAN Advocate SR.No.28103 +One Cc to M/.S.JEYAPAUL ASSOCIATES, Advocate, SR.No.28304 rl/6c – 19.8.2011 ORDER IN CRL OP(MD) No.10339 of 2011 Date :18/08/2011 https://hcservices.ecourts.gov.in/hcservices/