Sekar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Crl.O.P.No.13299 of 2022 Sekar Petitioner Vs...
State represented by Inspector of Police, Sankari Police Station Salem.
Respondent Prayer:- Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail in Crime No.142 of 2022. For Appellant : Mr.A.S.Aswin Prasanna For Respondent : Mr.V.Meganathan Government Advocate (Crl. Side)
ORDER
The petitioner/sole accused who was arrested and remanded to judicial custody on 17.04.2022 for the alleged offence punishable under Sections 307 IPC and altered to 302 IPC in Crime No.142 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 15.04.2022, the petitioner poured kerosene on his wife and set her ablaze, resulting in the registration of the case.
3. The learned counsel for the petitioner would submit that the petitioner is innocent person and he is no way connected with the crime. He would further submit that the deceased committed suicide by self immolation and the dying declaration was recorded by the Inspector of police and the same is not attested by the Doctor who treated her. It is also his submission that no dying declaration was recorded by the Magistrate concerned. The learned counsel for the petitioner would further submit that the petitioner is in custody for the last two months and he prays for enlargement of bail of the petitioner.
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4. The learned Government Advocate (Crl. Side) appearing for the respondent police would submit that this is not the case of suicide as projected by the learned counsel for the petitioner and the deceased at the earliest point of time, has stated to the Investigating Officer that the petitioner was having illicit intimacy with another lady and when the deceased questioned the same, the petitioner poured kerosene on her and set her on fire. He would further submit that the investigation is not completed since Chemical analysis report is not yet received.
5. Considering the gravity of the offence and also considering that there is no change in circumstances and the Chemical analysis report is yet to be received for investigation, this Court is not inclined to grant the relief of bail to the petitioner.
6. Hence, this Criminal Original Petition is dismissed. -sd/- 17/06/2022 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, SANKARI POLICE STATION, SALEM.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. A.S.ASWIN PRASANNA Advocate on payment of necessary charges CRL OP.13299/2022 Date :17/06/2022 JPA 20/06/2022 https://hcservices.ecourts.gov.in/hcservices/