Sankar v. State Rep By

Crl.O.P.No.10700 of 2024 T.V.THAMILSELVI, J.

The petitioners, who were arrested and remanded to judicial custody on 02.03.2024 in connection with Crime No.100 of 2024 registered for the alleged offences punishable under Sections 147, 294(b), 352, 506(ii) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act @ 306 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, who are the brothers of the de facto complainant, are no way connected with the alleged offence. He also submitted that the petitioners have not abetted the victim to commit suicide, whereas, due to the existing civil dispute, the de-facto complainant has lodged a false complaint as against the petitioner, as if the petitioners have abused and threatened her. He further submitted that the petitioners are suffering incarceration from 02.03.2024 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 (Criminal Side) appearing for the respondent police raised objection for granting bail to the petitioners stating that this is the second application for bail filed by the petitioners before this Court and this Court had dismissed the earlier bail application, very recently on 17.04.2024. https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

He further submitted it is the case where the accused, who are the brothers and sisters of the de facto complainant, due to the property dispute, have abused and threatened the de facto complainant's wife and abetted her to commit suicide, thereby, on account of the frustration and humiliation caused by the accused, the victim had committed suicide by self immolation. He further submitted that investigation in this case is still pending and there is no change of circumstances.

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 (Criminal Side) that there is no change of circumstances and the earlier bail application was dismissed by this Court very recently, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, the Criminal Original Petition stands dismissed. 29.04.2024 ham Crl.O.P.No.10700 of 2024 https://www.mhc.tn.gov.in/judis