Kannan vs State Of Tamil Nadu

S.Srimathy, J

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 194(3)(i) of B.N.S.S., 2023 @ under Sections 103(1), 61(2), 49 and 238 of B.N.S., 2023, in Crime No.8 of 2026 on the file of the respondent police, seeks anticipatory bail.

The case of the prosecution is that the petitioner is the father of the deceased, who is also the de-facto complainant in the present case. The marriage of the deceased was solemnized five years ago, and they were blessed with one female child and that there were disputes between the spouses, and the husband's family members suspected the fidelity of the deceased. Thereafter, she returned to her parental home and that the petitioner and other accused persons murdered the deceased. Hence, the case.

The learned counsel for the petitioner submitted that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

The learned Additional Public Prosecutor submitted that initially the case was registered under Section 174 of the Code of Criminal Procedure as a case of suspicious death. However, based on the postmortem report and further investigation, the case was altered into one under Section 302 of the Indian Penal Code. It is further submitted that the petitioner is none other than the father of the deceased victim girl and is specific overtact in the commission of the murder. In view of the gravity of the offence and the prima facie materials available against the petitioner, he opposed the grant of anticipatory bail.

This Court, on consideration of the facts and circumstances of the case and the materials placed on record, finds that though the case was initially registered under Section 174 Cr.P.C., it has subsequently been altered into Section 302 IPC based on the postmortem report and the nature of injuries sustained by the deceased. The petitioner is the father of the deceased victim girl and is alleged to have committed the murder.

Considering the serious and heinous nature of the offence and the prima facie involvement of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the petition stands dismissed.