C.Durgabai v. State Rep By
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 04.02.2023 for the offences punishable under Sections 448, 352, 294(b), 312, 323 and 506(i) of IPC in Crime No.30 of 2023, seeks bail.
2.The case of the prosecution as per the defacto complainant is that due to family dispute, the petitioner went to the house of the defacto complainant and attacked her. During that time, the defacto complainant, after 9 years of her marriage, become pregnant. Due to the attack made by the petitioner, her belly was trashed and she was admitted in the hospital and gave birth to a premature girl baby and subsequently, the baby died. Hence the complaint.
3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and she has been falsely implicated in this case. He would further submit that the petitioner is no way connected with the alleged offence and she is ready to abide by any
stringent condition that may be imposed by this Court. He would also submit that the petitioner is in judicial custody from 04.02.2023 and hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that due to family dispute, the petitioner went to the house of the defacto complainant and attacked her, due to which, she gave birth to a premature girl baby and subsequently, the baby died. He would further submit that since the defacto complainant was under treatment, she was not able to give complaint immediately and after her recovery, she gave a complaint against the petitioner. He further submitted that the investigation is at preliminary stage. Hence, he opposed for grant of anticipatory bail to the petitioner. 5.Taking into consideration the facts and circumstances of the case and also considering the nature of offence committed by the petitioner and the investigation is at preliminary stage, this court is not inclined to grant anticipatory bail to the petitioner.
6.Accordingly, this Criminal Original Petition is dismissed. 01.03.2023 vkr
T.V.THAMILSELVI, J.
vkr 01.03.2023