Madras High CourtCRL OP/6080/2022dismissed

Pachiyappan v. State Rep By

2022-03-16Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Sixteenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.6080 of 2022 PACHIYAPPAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, INDUR POLICE STATION, DHARMAPURI DISTRICT.

(CR.NO.105/2021) For Petitioner : M/S. N.PONRAJ Advocate For Respondent : MR.L.BASKARAN,Govt. Advocate(Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Section 306 of IPC in Cr.No.105 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant's son informed him that the petitioner along with other accused persons went to his house and assaulted her daughter one Vennila. When, the defacto complainant along with his daughter went to the petitioner and questioned him about the same, he abused him and his daughter in filthy language. Due to mental stress and agony, the said Vennila/defacto complainant's daughter committed suicide by consumed poison and dead. Hence, the complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that while the defacto complainant/deceased was admitted in the hospital, she stated that there was some problem amount their family members for which she has consumed poison. In fact, the same has also been clearly mentioned in accident register dated 16.04.2021. Hence prays for grant of anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl.Side) submitted that the petitioner is alleged to have scolded and abused the deceased in filthy language. Due to mental stress and agony, the deceased consumed poison and found dead. As per the complaint given by the father of the deceased, the name of the petitioner has been specifically mentioned in the F.I.R. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the allegations levelled against the petitioner and there is no change in the circumstances after the dismissal of the petitioner's earlier bail application, this court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 16/03/2022 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, INDUR POLICE STATION, DHARMAPURI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. N.PONRAJ Advocate on payment of necessary charges CRL OP.6080/2022 Date :16/03/2022 CSK 24/03/2022 https://hcservices.ecourts.gov.in/hcservices/