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Madras High CourtCRL OP/3659/2023dismissed

Gomathi v. The State Rep By Its,

2023-02-16Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 09.01.2023 for the alleged offence under Sections 174 of Crl.P.C. And subsequently altered into Sec. 306 of I.P.C. in Crime No.3 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the deceased committed suicide, since the petitioner refused to pay a sum of Rs.23 lakhs and also threatened him with dire consequences and pushed him to commit suicide. Hence, the complaint was registered against the petitioner.

3. The learned counsel for the petitioner submitted that there is no specific overtact attributed against the petitioner and she is an innocent person and she has not at all committed any offence as alleged by the respondent police and she is no way connected with the occurrence and he will abide by any condition that may be imposed by this court. He would

further submit that the investigation is almost completed and that the petitioner has been suffering incarceration from 09.01.2023. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that she is the sole accused. He would submit that having affair with the petitioner, the deceased gave a sum of Rs.23 lakhs, now she refused to pay and also threatened him, due to which she pushed him to commit suicide, thereby he committed suicide by hanging. He would submit that if she is released on bail, she would tamper the witnesses and hamper the investigation and the investigation is not yet completed. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and also considering gravity of offence committed by the petitioner that she had received a sum of Rs.23 lakhs from the deceased and later she refused to pay, accordingly, he committed suicide and the fact that investigation is not yet completed, and on considering the

fact that if she is released on bail, she may abscond and 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.

16.02.2023 rpp

T.V.THAMILSELVI, J.

rpp 16.02.2023