Dhulasingam v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 31.08.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.13318 of 2020 Dhulasingam ... Petitioner Vs.

The Inspector of Police, Vanur Police Station, Villupuram District, Crime No.1413 of 2020. ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in connection with case in Crime No.1413 of 2020 pending investigation on the file of the Respondent.

For Petitioner : M/s.N.Mahendra Babu A.Prakash K.Ilayaraja For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 05.08.2020 for the offences punishable under Sections 294(b), 307, 323, 326, 498(A), 506(ii) IPC altered into 302, 304(B), 498(A) IPC, in Crime No.1413 of 2020, seeks bail. 2.The case of the prosecution as per the defacto complainant Muthukumar is that his sister was given in marriage to the petitioner on 03.06.2020 and that on 05.08.2020, he received an information that his sister suffered burn injuries and on the same day he went to his sister's house and admitted her in Villupuram Government Hospital and when he enquired her, she had informed that the petitioner herein had demanded dowry and poured kerosene over her and immolated her. Immediately case was registered under Sections 294(b), 307, 323, 326, 498(A), 506(ii) IPC and the victim succumbed to the injuries on 11.08.2020. Thereafter the case was altered into 302, 304(B), 498(A) IPC.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would submit that this is a case of accident and at the time of admission, the victim has stated that it was accidental fire and only at the instigation of her relatives, a false complaint has been given.

4. Per contra, the learned Government Advocate (Crl. Side) would submit that the petitioner and the victim was married on 03.06.2020 and the petitioner demanded dowry and harassed the victim and since she did not contact her father, enraged by this, the petitioner had poured kerosene and set fire on her and he would submit that the dying declaration of the victim has been recorded and she had stated that she was set fire on account of the demand of further dowry and also submitted that the investigation is at preliminary stage.

5.Taking into consideration of the facts and circumstances, considering the submissions made by the learned counsel and the fact that the marriage between the petitioner and the victim was conducted on 03.06.2020 and that the death has happened within two months of marriage and that she has given the dying declaration and the RDO enquiry is pending, I am not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed.

-sd/- 31/08/2020 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VANUR 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE VANUR POLICE STATION, VILLUPURAM DISTRICT,

4 THE OFFICER INCHARGE, SUB JAIL, TINDIVANAM CC to M/S. N. MAHENDRA BABU Advocate on payment of necessary charges CRL OP.13318/2020 Date :31/08/2020 RVR 10/09/2020