P.K.Sowbakkiam v. State Rep.By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 20.12.2022 for the alleged offence under Sections 306 of I.P.C. in Crime No.982 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that wife of defacto complainant viz., Beula is working as a teacher in the Chief Minister Education Scheme and also working as a part time teacher in Mangadu Panchayat School. As there was misunderstanding between his wife Beula and this petitioner, she used to post whatsapp status in filthy language against his wife. While being so, on 15.12.2022, when the said Beula refused to give the paper asked by her, she posted status against her by using unparliamentary words and also with regard to the character of her on complying with Head Master. Subsequently, she shared the whatsapp to the defacto complainant stating that she was under mental agony due to the act of petitioner and she is going to commit suicide and subsequently, his wife committed suicide in his house. Hence, the defacto complainant/husband of Beula lodged the

present complaint against the petitioner.

3. The learned counsel for the petitioner submitted that she is a Government Teacher and she has been working reputedly without any allegations or complaints, so, the allegations made in the F.I.R. is utter false, frivolous. He would submit that she is an innocent person and she has not at all committed any offence as alleged by the respondent police and she is no way connected with the said occurrence. He would submit that there is no role of the petitioner in the alleged offence and she has been falsely implicated as accused in this case. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration from 20.12.2022. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that both this petitioner and the deceased are working in the same school. He would submit that as this petitioner sent message through whatsapp group, she was under mental agony and

subsequently, she committed suicide. He would also submit that if she is released on bail, she would tamper the witnesses and hamper the investigation and the investigation is not yet completed. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and considering the gravity of offence committed by the petitioner by posting message through whatsapp, the deceased suffered mental agony, thereby she committed suicide and also the fact that investigation is still pending and if she is released on bail, there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 10.01.2023 rpp

T.V.THAMILSELVI, J.

rpp 10.01.2023