R.Vinoth @ Vinothkumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Second day of February Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.2256 of 2022 R.VINOTH @ VINOTHKUMAR [ PETITIONERS / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CHETPET POLICE STATION, THIRUVANNAMALAI DISTRICT.

(CRIME NO.1018 OF 2021) For Petitioner : M/S.S.KASIRAJAN for M/S.S.B.VISWANATHAN Advocate For Respondent : MR. N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 01.01.2022 for the offences under Section 306 of the Cr.P.C. in Crime No.1018 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the deceased was one of the subscribers of the chit conducted by the 1st accused and the deceased was liable to pay a sum of Rs.13,000/- to the 1st accused. On 20.11.2021, the accused persons including the petitioner went to the house of the deceased and took his auto rickshaw as security for repayment of Rs.13,000/- and parked the same in Chetpet Police Station. On 21.11.2021, the father of the deceased gave a complaint to Chetpet Police Station and it was negotiated between the parties and it was agreed by the deceased to repay the amount of Rs.13,000/- on or before 30.11.2021 and took back his auto rickshaw from the police station. But instead of making repayment, the deceased went to lodge complaint to the Superintendent of Police, Thiruvannamalai on 01.12.2021 and on the same day at about 3 p.m., the defacto complainant received a call from the office of the Superintendent of Police, Thiruvannamalai stating that his son consumed poison, got

fainted and was admitted in the hospital. Thereafter, the deceased died in the hospital after 4 days of treatment. Initially, the case was registered by the Thiruvannamalai East Police Station under Section 174 Cr.P.C. in Crime No.797 of 2021 and later transferred to Chetpet Police Station and assigned new crime number as Crime No.1018 of 2021 and the case was altered to Section 306 IPC. 3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the suicide committed by the deceased and the has been falsely implicated in this case and the petitioner has been suffering incarceration for more than 30 days from 01.01.2022. Hence, he pray for grant of bail to the petitioner. 4.The learned Government Advocate (Crl.

Side) would raise strong objection stating there are totally 5 accused in this case and the petitioner is arrayed as A2 and due to the harassment committed by the petitioner and other accused, the son of the defacto complainant committed suicide by consuming poison. He would further submit that A4 and A5 are still absconding and the investigation is at the initial stage.

5. On seeing the gravity of offence and that the investigation has not been completed and to more accused are still absconding, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 02/02/2022 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, CHETPET POLICE STATION, THIRUVANNAMALAI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S.S.B.VISWANATHAN Advocate on payment of necessary charges CRL OP.2256/2022 Date :02/02/2022 INBA~14/02/2022