Vinoth @ Lakshminarayanan v. Inspector Of Police
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 05.01.2023 for the alleged offence under Section 174 of Cr.P.C. and subsequently altered into Sec.306 of I.P.C. in Crime No.10 of 2023 on the file of respondent police, seeks bail.
2. The case of prosecution is that when the marriage was arranged between the deceased Suganya with one Johndyrotes, this petitioner proposed his love towards her and insisted her to marry him, due to which, she committed suicide. Hence, the complaint was registered against the petitioner.
3. The learned counsel appearing for petitioner submitted that the marriage arranged for the deceased Suganya itself a love cum arranged married and proposed bride groom viz., Johndyrotes, who is none other than friend of petitioner and the deceased were well acquainted with each other and from the said bride groom, this petitioner also borrowed hand loan through her. So, it appears that the said Johndyrotes to whom the
marriage was arranged, has made character assassination over the deceased, due to which, she committed suicide. He would further submit that on the date of occurrence, he was in Thanjavur and assisting his paternal aunt, who was taking treatment for her ailment. On coming to know about the incident, he went to the police station and explained about his innocence and even he has handed over his mobile phone to the respondent police. He would submit that he is no way connected with the offence and he has not committed any of offence as alleged by the respondent police. He would submit that before the trial court, the respondent police stated that there is no instigation on the part of petitioner. He would also submit that he has been falsely implicated in this case and he will abide by any condition that may be imposed by this court. He would also submit that the petitioner has been suffering incarceration from 05.01.2023. Hence, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that on 05.01.2023, over phone, this petitioner continuously made a threat to the deceased by saying that she has to marry
him, but she refused, however, he made a character assassination on her, thereby she committed suicide. He would also submit that if he is released on bail, he would hamper the investigation and tamper the witnesses and the investigation is almost completed. However, he would vehemently opposed to grant bail to the petitioner.
5. Considering the above facts and circumstances and also considering submissions made by both counsels and also considering the gravity of offence committed by the petitioner, on the date of occurrence, as this petitioner made her character assassination over phone and also continuously made a threat by saying that she has to marry him, but she refused, however, she committed suicide and if he 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.
09.02.2023 rpp T.V.THAMILSELVI, J.
rpp 09.02.2023