Madras High CourtCRL OP/4673/2022dismissed

Sakthi Shanmugam v. State Rep By

2022-03-09Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Ninth day of March Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.4673 of 2022 SAKTHI SHANMUGAM [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KINATHUKADAVU POLICE STATION, COIMBATORE DISTRICT.

(CRIME NO.8/2022) For Petitioner : M/S A.P.SATHYA MURTHY Advocate For Respondent : MR.L.BASKARAN,Govt. Advocate(Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 08.01.2022 for the offence under Section 174 of Cr.P.C. @ to 306 IPC, in Crime No. 8 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 01.01.2022, the petitioner scolded the sister of the defacto complainant stating that she committed theft of Rs.40,000/- in 100 days employment scheme and also taken 50 numbers of coconut. The sister of the defacto complainant who could not bear those words, committed suicide by self immolation by pouring thinner on herself and set fire. Immediately, her husband tried to rescue her and he also sustained injuries. Subsequently, they both died in the hospital. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the suicide committed by the deceased and he has been falsely implicated in this case and the petitioner has been suffering incarceration fore more than 60 days from 08.1.2022. Hence, he would pray for grant of bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) would raise strong objection stating that due to the conduct of the petitioner, wife committed suicide and subsequently, her husband who attempted to rescue her sustained injuries and he also died. He would further submit that the RDO enquiry has not been completed and the investigation is pending.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and also considering the gravity of offence committed by the petitioner, if he released on bail he may tamper the evidence and further there is no change of circumstances after the dismissal of the petitioner's earlier bail petition, this court is not inclined to grant bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 09/03/2022 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, KINATHUKADAVU POLICE STATION, COIMBATORE DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S A.P.SATHYA MURTHY Advocate on payment of necessary charges CRL OP.4673/2022 Date :09/03/2022 CSK 16/03/2022 https://hcservices.ecourts.gov.in/hcservices/