Madras High CourtCRL OP/2406/2022dismissed

Periyasamy v. The State Rep By

2022-02-03Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Third day of February Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.2406 of 2022 1 PERIYASAMY [ PETITIONERS / ACCUSED ] 2 VIJAYAKANTH Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VIRUDHACHALAM POLICE STATION, CUDDALORE DISTRICT.

CR.NO.110/2022.

For Petitioner : M/S.M.SELVAM Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest for the alleged offence under Sections 174(i) of Cr.P.C. @ 294(b), 324, 506(ii) and 306 of IPC in Cr.No.110 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that the de facto complainant's son had love affair with the petitioner's sister. On 19.01.2022, petitioner went to the de facto complainant's house and attacked his son with wooden and iron rod and also used filthy language. Thereafter on 20.01.2022, the de facto complainant's son committed suicide by hanging and died. Hence the complaint. 3.The learned counsel appearing for the petitioners submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence he prays to grant anticipatory bail to the petitioners. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl.Side) submits that the deceased and accused are relatives. Wife of A1 developed illegal intimacy with deceased. Therefore there is a dispute between the parties on 19.01.2022. The deceased was attacked by petitioner and other accused. After that the deceased was committed suicide by hanging himself. He further submits that the investigation was not yet completed.

5. Considering the facts and circumstances of the case and also considering the grave nature of the offence committed by the petitioners and the investigation was not yet completed, this court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 03/02/2022 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, VIRUDHACHALAM POLICE STATION, CUDDALORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.SELVAM Advocate on payment of necessary charges CRL OP.2406/2022 Date :03/02/2022 TA-16/02/2022 https://hcservices.ecourts.gov.in/hcservices/