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Madras High CourtCRL OP/10208/2024dismissed

Sivakumar v. State Rep By

2024-04-25Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.10208 of 2024 T.V.THAMILSELVI, J.

The petitioners, who were arrested and remanded to judicial custody on 26.02.2024 in connection with Crime No.63 of 2024 registered under Section 174(3) of Cr.P.C and later, altered to the offence under Section 306 of IPC, seek bail.

2. Learned counsel appearing for the petitioners submitted that this is the second application for bail filed by the petitioners before this Court. He further submitted that the petitioners are no way connected with the alleged offence and they have been living separately at Coimbatore and they have not abetted the deceased/victim to commit suicide. He also submitted that the petitioners are aged about more than 50 years and they are suffering from old age ailments. He also submitted that the petitioners are suffering incarceration from 26.02.2024 and they are ready to abide by any stringent conditions that may be imposed by this Court, hence he prayed for grant of bail to the petitioners.

3. Learned Government Advocate (Crl.Side) appearing for the respondent police raised objection for granting bail to the petitioners stating that the petitioners are the inlaws of the deceased/victim and they along with their son/A1 had demanded dowry and harassed the victim/deceased. Due to the harassment made by the petitioners and A1 and mental stress, the victim had committed suicide by leaving a suicide note. He also submitted that this is the petitioners' second bail application before this Court and there is no change of circumstances and the investigation is still pending. https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

4. Heard both sides and perused the materials available on record.

5. Taking into consideration the facts and circumstances of this case and the submissions made by the learned Government Advocate (Crl.Side) and taking note of the fact that the petitioners' first bail application was dismissed very recently on 03.04.2024, the investigation is still pending and there is no change of circumstances, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, the Criminal Original Petition stands dismissed. 25.04.2024 ham Crl.O.P.No.10208 of 2024 https://www.mhc.tn.gov.in/judis