Madras High CourtCRL OP/1151/2022dismissed

Ayyappan v. The State Rep By Inspector Of Police

2022-01-20Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twentieth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.1151 of 2022 AYYAPPAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, AANAIKKARANCHATHIRAM POLICE STATION, MAYILADUTHURAI DISTRICT.

(CRIME NO.877/2021) For Petitioner : MR.P.DINESH KUMAR Advocate For Respondent : MR.A.GOKULAKRISHNAN Additional Public Prosecutor 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 14.11.2021 for the offences under Sections 174(3) Cr.P.C. @ 498 (A), 201 & 302 of IPC, in Crime No.877 of 2021 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the petitioner's wife committed suicide and hence, the case was initially registered under Section 174(3) of Cr.P.C. and during the course of investigation, it was found that the petitioner harassed and assaulted the deceased due to which, she fell down and collapsed. Thereafter, the petitioner hanged the body of the deceased and projected as if, she committed suicide. Hence, the case was altered into Sections 498(A), 201 & 302 of IPC.

3. The learned Counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would submit that the petitioner has got two minor sons aged about 17 years https://hcservices.ecourts.gov.in/hcservices/

and 13 years and that he has been suffering incarceration for 65 days from 14.11.2021. Hence, he seeks for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor raised strong objection stating that petitioner harassed and assaulted the deceased due to which, she fell down and died. Thereafter, the petitioner in order to escape from the clutches of law, hanged the body of the deceased and projected as if, the deceased committed suicide and that the investigation has not been completed.

5. On seeing the gravity of offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 20/01/2022 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, AANAIKKARANCHATHIRAM POLICE STATION, MAYILADUTHURAI DISTRICT.

2 THE OFFICER INCHARGE, SUB JAIL, NAGAPATTINAM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to R.KUYILAN Advocate on payment of necessary charges SR.No.1025 CRL OP.1151/2022 Date :20/01/2022 CSK 27/01/2022 https://hcservices.ecourts.gov.in/hcservices/