Madras High CourtCRL OP/9585/2021dismissed

B.Rajapriyan v. The Inspector Of Police

2021-05-26Honourable Mr Justice Sathi Kumar Sukumara Kurup2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.05.2021

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P.No.9585 of 2021 B.Rajapriyan ... Petitioner Vs.

The State rep by its The Inspector of Police, All Women Police Station, Salem Town (Crime No.32 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail in Crime No.32 of 2021 on the file of the respondent police.

For Petitioner : Mr.E.C.Ramesh For Respondent : Mr.A.Gopinath Government Advocate (Crl side)

ORDER

The petitioner who was arrested on 19.04.2021 and remanded to judicial custody for the offences under Sections 498(A), 294(b), 355, 506(i) IPC and Sec 4 of Tamilnadu Prevention Women Harassment Act altered to Section 306 IPC, in Cr.No.32 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had married the defacto complainant's daughter Suganthi and they are having two children. Further, the petitioner in drunken mood and because of the reason he is having illicit relationship with another women, he abused his wife Suganthi with filthy language and tortured her and harassed her. On 18.04.2021 at about 3.30 p.m., due to the harassment made by the petitioner, his wife Suganthi had committed suicide by hanging. Hence, the complaint.

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3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner has been in jail from 19.04.2021. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) vehemently opposed to grant of bail on the ground that the petitioner had harassed his wife and he is having illicit relationship with another women, he abused his wife with filthy language. Thereafter, the deceased committed suicide by hanging. He would further submit that the investigation is still pending.

5. Considering the facts and circumstances of the case and also the fact that the offence is grave in nature and the investigation is in initial stage, this is not a fit case for grant of bail. Therefore, this Criminal Original Petition is dismissed. -sd/- 26/05/2021 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 SUPERINTENDENT, CENTRAL PRISON, SALEM.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SALEM TOWN.

CC to M/S.E.C.RAMESH Advocate on payment of necessary charges CRL OP.9585/2021 Date :26/05/2021 cs 16/06/2021 https://hcservices.ecourts.gov.in/hcservices/