Madras High CourtCRL OP/4461/2022dismissed

Karunanithi v. The State Rep By

2022-03-01Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the First day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.4461 of 2022 1 KARUNANITHI [ PETITIONERS / ACCUSED ] 2 S.P.NATARAJAN Vs THE STATE REP BY [ RESPONDENT ] SUB-INSPECTOR OF POLICE, VOIMEDU POLICE STATION, NAGAPATTINAM DISTRICT CRIME NO.39 OF 2022.

For Petitioner : M/S.C.UMASHANKAR Advocate For Respondent : MR. S.SANTHOSH, 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 at the hands of the respondent police for the offence punishable under Sections 294(b), 323, 448, 427, 506 (ii) of IPC @ 294(b), 323, 448, 427, 506(ii), 306 of IPC in Cr.No.39 of 2022 on the file of the respondent police, seek anticipatory bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent.

3. The petitioners herein are the named accused in FIR.No.39 of 2022 dated 12.02.2022. As per FIR, the petitioners herein have joined together and demolished the house which is the subject matter of dispute between them and the deceased Bhavani. From the FIR, it appears that when these petitioners herein went to the disputed building and started conducting Boomi Pooja, the deceased Bhavani has objected the same. At that time, they have threatened her that they will demolish the house at any cost and also, only if she dies, they will be able to live peacefully. This instigated the deceased Bhavani to commit suicide.

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4. The learned counsel for the petitioners submitted that it is only the civil dispute and the title is with the petitioners 1 and 2. The petitioners 1 and 2 were husband and wife and the other two accused are the construction workers to carry out their construction work.

5. However, the learned Government Advocate (Crl.Side) submitted that the disputed property which is under dispute was in occupation of the deceased Bhavani and since she has been threatened and was forcibly vacated from the place, she had committed suicide.

6. Taking note of the fact that the said Bhavani was 75 years old, the incident which took place on 12.12.2021 has forced her to end her life unnaturally. The investigation regarding the title over the property has to be conducted and if anticipatory bail is granted to the petitioners, it is impossible to conduct the investigation appropriately. Hence, this Criminal Original Petition is dismissed. -sd/- 01/03/2022 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 SUB-INSPECTOR OF POLICE, VOIMEDU POLICE STATION, NAGAPATTINAM DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.C.UMASHANKAR Advocate on payment of necessary charges CRL OP.4461/2022 Date :01/03/2022 RVR 11/03/2022 https://hcservices.ecourts.gov.in/hcservices/