K.Manikandan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.07.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.11351 of 2020 K.Manikandan ... Petitioner Vs.

The State Rep. by The Inspector of Police Thellar Police Station Thiruvannamalai District (Crime No.1268 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.1268 of 2020 pending investigation on the file of the Respondent. For Petitioner : Mr.S..Thirugnanam For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 03.07.2020 for the offence punishable under Sections 174 Cr.P.C. @ 306 and 498(A) of IPC, in Crime No.1268 of 2020, seeks bail.

2. The case of the prosecution as per the defacto complainant one Pitchandi is that his daughter Sangeetha was given marriage to the petitioner on 27.01.2020, at the time of marriage jewels and house hold articles were given as dowry. While his daughter was in the matrimonial house, she has been subjected to harassment by her husband and in laws on account of demanding more dowry. Whileso, on 26.06.2020, his son-in-law had brought his daughter to his house and left her and gone away. While his daughter was at home, she consumed rat poison and committed suicide on 27.06.2020. The learned counsel for the petitioner would submit that the petitioner is the husband of the deceased, the marriage between the petitioner and the deceased took place on 27.01.2020. The deceased was not interested in the marriage and further due to lockdown she

was very much depressed. Thereafter on 26.06.2020, the petitioner had gone to the house of the defacto complainant and left her. On the next day, she had committed suicide by consuming rat poison. There was absolutely no harassment or cruelty on account of demand of dowry. He would submit that the petitioner was arrested on 03.07.2020 and he is in judicial custody.

4.The learned Government Advocate (Crl. Side) would submit that marriage between the petitioner and the victim took place on 27.01.2020. The further allegation is that the petitioner and his parents have harassed the victim/daughter of the defacto complainant demanding dowry and that on 26.06.2020, the petitioner had left the victim in the defacto complainant house and on the next day i.e, on 27.06.2020 she had committed suicide by consuming rat poison, he would submit that the investigation is in very initial stage. RDO enquiry has been initiated and the petitioner was arrested only on 03.07.2020.

5. Taking into consideration that the marriage is conducted on 27.01.2020 and the victim has committed suicide on 27.06.2020 within a period of five months of marriage and that the investigation is in initial stage. RDO enquiry is also pending. I am not inclined to grant bail to the petitioner at this stage.

6. Accordingly, this Criminal Original Petition stands dismissed.

-sd/- 29/07/2020 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 JUDICIAL MAGISTRATE COURT, THIRUVANNAMALAI DISTRICT.

2 THE OFFICER INCHARGE SUB JAIL, VANDAVASI, THIRUVANNAMALAI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, THELLAR POLICE STATION, THIRUVANNAMALAI DISTRICT, CC to M/S. S.THIRUGNANAM Advocate on payment of necessary charges CRL OP.11351/2020 Date :29/07/2020 cs 24/08/2020