M.Sivakumar v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twelfth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice A.A. NAKKIRAN CRIMINAL ORIGINAL PETITION No.11081 of 2022 M.SIVAKUMAR [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, MILK COLONY,MADHAVARAM, CHENNAI.

(CR.NO.106 OF 2022) For Petitioner : M/S.M.ASWIN Advocate For Respondent : MR.L.BASKARAN,Govt. Advocate(Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner was arrested and remanded to judicial custody on 01.04.2022 for the alleged offence punishable under Section 306 I.P.C., in Crime No.106 of 2022 on the file of the respondent police seeks bail.

2.The case of the prosecution is that, the deceased is the wife of the petitioner. The petitioner had illicit intimacy with some other lady, when the same was questioned by the deceased, there was a wordy quarrel between them and due to which the deceased committed suicide. Hence the complaint.

3.Learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He added that their marriage was held during March 2004 and they have completed 18 years of their married life. He would further submit that the petitioner is a tuberculosis patient and having two children to take care, who are at present under the custody of his parents. Accordingly prays for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.Learned Government Advocate (Crl. Side) would vehemently oppose stating that the petitioner due to illicit intimacy had instigated the victim to commit suicide. He would further submit that initially the crime was registered under Section 174 Cr.P.C. and later it was altered to 306 I.P.C. The petitioner is a sole accused. The investigation is in preliminary stage, therefore the custodial interrogation of the petitioner is very much required. 5.Considering the fact that the petitioner was arrested very recently and the investigation is in preliminary stage, this Court is not inclined to grant bail to the petitioner. 6.The Criminal Original Petition stands dismissed accordingly. -sd/- 12/05/2022 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, MILK COLONY,MADHAVARAM, CHENNAI.

2 THE SUPERINTENDENT CENTRAL PRISON, PUZHAL, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.ASWIN Advocate on payment of necessary charges CRL OP.11081/2022 Date :12/05/2022 CSK 17/05/2022 https://hcservices.ecourts.gov.in/hcservices/