← Library
Madras High CourtCRL OP/11418/2015dismissed

Anand, M/33 Years, v. The State, Rep. By

2015-06-09Honourable Mr Justice R.Subbiah3 pages

Crl.O.P.No.11418 of 2015 R.SUBBIAH, J.

The petitioner, who apprehends arrest at the hands of the respondent-police for the alleged offences punishable under Sections 306 & 109 of IPC, in Crime No.378 of 2015, on the file of the respondent-police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner was having illegal relationship with the wife of the deceased-Ramesh and this was warned by the deceased-Ramesh on several occasion; but, inspite of that, the petitioner herein continued his illegal relationship with the wife of the deceased-Ramesh; hence, the said Ramesh committed suicide by self-immolation.

3.The learned counsel for the petitioner submitted that the wife of the deceased viz., Vijaya is cousin sister to the petitioner herein; that the deceased-Remesh is a drunkard and he tortured his wife and due to his torture, she went to her mother's house. On 07.04.2015, the deceased-Ramesh went to the house of his mother-inlaw after consuming liquor and suddenly, he poured kerozene and set fire himself. The learned counsel for the petitioner would further submit that this a false case foisted against the petitioner and that the

petitioner is no way connected with the alleged offence; thus, he sought for grant of anticipatory bail.

4.The learned Government Advocate (Crl.Side) opposed to grant anticipatory bail to the petitioner that if anticipatory bail is granted to the petitioner, he will tamper the witnesses. 5.Considering the facts and circumstances of the case and taking note of the gravity of the offence, I am of the opinion that it is not a fit case to grant anticipatory bail to the petitioner. Further, as contended by the learned Government Advocate (Crl.Side), if anticipatory bail is granted to the petitioner, there is every possibility for him to tamper the witnesses. Hence, I am not inclined to grant anticipatory bail to the petitioner.

Accordingly, the criminal original petition is dismissed. 09.06.2015 ssv

R.SUBBIAH, J.

ssv Pre-delivery order in Crl.O.P.No.11418 of 2015 09.06.2015