Elumalai v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.05.2021

CORAM

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.9564 of 2021

1. Elumalai, S/o.Ramasamy

2. Amudha, W/o.Elumalai

3. Dhakshinamoorthy, S/o.Elumalai

4. Mercy, W/o.Dhakshinamoorthy All are residing at Kakkanji Nagar, Nambakkam Village & Post, Uthukottai Taluk, Tiruvallur District.

... Petitioners Vs.

State Represented by The Inspector of Police, Pennalurpet Police Station, Tiruvallur District.

Cr.No.64 of 2021.

... Respondent Prayer : Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in Crime No.64 of 2021 on the file of the respondent police. For Petitioners : Mr.A.Swaminathan For Respondent : Mr.A.Damodaran Government Advocate (Crl. side)

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 306 of IPC in Crime No.64 of 2021, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant's daughter deceased Monisha was married to the petitioner. After marriage, the petitioner often demanded dowry and he continued to torture her and the petitioner without doing any job used to come home in drunken mood and quarrelled with his daughter. Whileso, on 10.04.2021, she was found hanging in her house. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and the defacto complainant has lodged a false complaint against him. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) would submit that on the basis of the complaint given by the father of the deceased, a case has been registered and investigation is pending and hence he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the above fact and circumstances of the case and the nature of allegations against the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. 26.05.2021 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order ub

T.V.THAMILSELVI, J.

ub To

1. The District Munsif cum Judicial Magistrate, Uthukottai.

2. The Inspector of Police, Pennalurpet Police Station, Tiruvallur District.

3. The Public Prosecutor, Madras High Court, Chennai.

Crl.O.P.No.9564 of 2021 26.05.2021