BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11553 of 2011 E. HAROON NATHARSHA ... PETITIONER / SOLE ACCUSED Vs STATE REP BY:: THE INSPECTOR OF POLICE TACHANALLUR POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.424 OF 2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. J.JEYAKUMARAN Advocate For Respondent : MR. A. RAMAR, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as an accused and he was surrendered on 25.08.2011 for the alleged offence punishable under Section 174 Cr.P.C. altered into Sections 306 and 384 I.P.C. and Section 4 of Woman Harassment Act, in Crime No.424 of 2011 on the file of the respondent police and hence, seeks bail. 2. The learned counsel for the petitioner would submit that earlier the petitioner has filed an application for anticipatory bail before this Court and the same was disposed on 18.08.2011, with a direction to the petitioner to surrender before the learned Principal District Judge, Tirunelveli and move a petition for bail and the same was considered by the learned Principal Judge on the same day on merits in accordance with law. As per the order of this Court, the petitioner was surrendered on 25.08.2011 and filed an application for bail in Crl.M.P.No.3458 of 2011 and the same was dismissed by the learned Principal District Judge, Tirunelveli and hence, he has come forward with the present application for bail. 3. He further submitted that while, the deceased was working under the petitioner, she misappropriated a sum of Rs.30,000/- and the same was questioned by the petitioner. He further submitted that the defacto complainant, who is the father of the deceased has approached the petitioner and sought for one week time to settle that amount. In the meanwhile, the deceased has committed suicide on 20.07.2011 and hence, a case has been registered under Section 174 Cr.P.C., during the investigation, it was altered into Sections 306 and 384 I.P.C and Section 4 of Women Harassment Act. He further submitted that during the pendency of the case, the defacto complainant himself filed an https://hcservices.ecourts.gov.in/hcservices/ affidavit before the learned Principal District Judge, Tirunelveli, stating that he is going to withdraw the complaint and hence, he prays for enlargement on bail. 4. The learned Additional Public Prosecutor would submit that the deceased has left the suicide note in that she made an allegation against this petitioner and the investigation is going on and hence, he prays for dismissal of this application. 5. Considering the rival submissions made by both sides and on perusal of the records it is seen that while the deceased was working under the petitioner, she misappropriated a sum of Rs.30,000/- and the petitioner herein about to prefer a complaint on 16.07.2011. At that time, the father of the deceased has approached the petitioner and sought for one week time to settle that amount, however, the deceased has committed suicide on 20.07.2011. Even though a case has been registered under Section 174 Cr.P.C. during the investigation, it was altered into Sections 306 and 384 I.P.C. and Section 4 of Women Harassment Act. 6. Considering the facts and circumstances of this case and also considering the fact that in the suicide note, the allegations not only against the petitioner and also one Rajkumar, who is the lover of the deceased and also considering the affidavit filed by the defacto complainant, I am inclined to grant bail to the petitioner with certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail on executing 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 learned Judicial Magistrate No.IV, Tirunelveli and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. sd/- 07/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.IV, TIRUNELVELI 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4 THE INSPECTOR OF POLICE,TACHANALLUR POLICE STATION, TIRUNELVELI DISTRICT 5 THE SUPERINTENDENT OF CENTRAL PRISON, PALAYAMKOTTAI CENTRAL PRISON, PALAYAMKOTTAI 1. CC to M/S. J.JEYAKUMARAN Advocate SR.No.30289: DM::2011:SEPTEMBER:06:: ORDER IN CRL OP(MD) No.11553 of 2011 Date :07/09/2011 2P:7C:: https://hcservices.ecourts.gov.in/hcservices/