Selvi v. State Rep By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 19.03.2024 for the alleged offence under Section 74(3) Cr.P.C. and subsequently altered to Sec.306 of I.P.C. in Crime No.403 of 2023 on the file of the respondent police, seeks bail.

2. The case of prosecution is that the petitioner is mother-in-law of petitioner and mother of deceased. During the year of August 2022, her daughter and petitioner got married. After the marriage, when the deceased was willing to go for a job, her husband did not allow her, however, she got pregnant, but the fetus brain was not developed, her pregnancy was aborted. As a result of which, there was a misunderstanding between husband and wife, thereby she left the matrimonial home and resided in her home on 10.04.2023 and thereafter, on 24.07.2023, she committed suicide and died. Hence, the complaint was registered against the petitioner. 1/4

3. The learned counsel appearing for petitioner submitted that she has been falsely implicated in this case as if she also harassed her daughterin-law, due to which she committed suicide. He would submit that she has not at all committed any of offence as alleged by the respondent police and she will abide by any condition that may be imposed by this court. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 37 days from 19.03.2024. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that deceased married to one Shankar, son of this petitioner, which is a love marriage and after the marriage convened in the year of 2022, this petitioner also harassed her, so she left the matrimonial home. At the advise of elders, she went to her in-law's house, but again she was harassed, more particularly, this petitioner, who is a mother-in-law of deceased demanded dowry, so that she committed suicide. He would submit that that if she is released on bail, she would tamper the witnesses and hamper the investigation and investigation is at initial stage and he has 2/4

submitted the enquiry report of R.D.O. Hence, he vehemently opposed to grant bail to the petitioner.

5. On seeing the R.D.O. enquiry report, it reveals that after the marriage, deceased was harassed by husband family, so that she left the matrimonial home and the fact that one of the person gave a statement before the R.D.O. that her mother-in-law also harassed her and compelled the deceased to get dowry from her parents and also insisted to live in the house as house-maid, due to which she was forced to commit suicide. Considering the above facts and circumstances, and on considering the R.D.O. report as well as submissions of both side counsels and the investigation is at the preliminary stage and now if she is released on bail, there is possibility of tampering the witnesses and hampering investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

26.04.2024 rpp 3/4

T.V. THAMILSELVI, J.

rpp Crl.O.P.No.10378 of 2024 26.04.2024 4/4