Sangarpandian v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2020

CORAM

THE HONOURABLE MR. JUSTICE A. D. JAGADISH CHANDIRA Crl.O.P.No.13990 of 2020 Sangarpandian ... Petitioner Vs.

The State Rep. By The Inspector of Police Tiruchengode Town Police Station, Namakkal District.

(Crime. No. 1259/2020)

...Respondent

Prayer:

Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioner on bail in the event of his arrest in Crime No.1259 of 2020 on the file of the respondent police. For Petitioner : Mr.C.S.Saravanan For Respondent : Mr.M.Mohammed Riyaz, Additional Public Prosecutor

ORDER

(This case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 174 of Cr.P.C @ 306 IPC in crime No.1259 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that the defacto complainant's daughter was given in marriage to the petitioner. Subsequently, the defacto complainant wanted to take her daughter for Valaikappu function, whereas the accused had abused the defacto complainant stating that his daughter cannot be taken to Mumbai, due to which she committed suicide. Hence, the complaint.

3. The learned Counsel for the petitioner would submit that even as per the FIR, no allegation was made for demanding of dowry and only it is averred that the petitioner did not want to take his wife to Mumbai due to covid period. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the marriage had happened only seven months prior to the occurrence. He further submitted that the victim sustained injuries on the shoulders and the daughter had also informed the defacto complainant that the accused threatened her. He further submitted that the incident had happened only on 09.08.2020 and the RDO enquiry is pending. Hence, he opposed for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5. Taking into consideration of the facts and circumstances of the case and also the fact that the incident had happened only on 09.08.2020 and also there is suspicion with regard to the death of victim and the RDO enquiry is pending, this Court is not inclined to grant Anticipatory Bail to the petitioner.

Accordingly, this Criminal Original Petition is dismissed. -sd/- 09/09/2020 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 JUDICIAL MAGISTRATE, TIRUCHENGODE 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, TIRUCHENGODE TOWN POLICE STATION, NAMAKKAL DISTRICT.

CC to M/S. C.S.SARAVANAN Advocate on payment of necessary charges CRL OP.13990/2020 Date :09/09/2020 RVR 24/09/2020 https://hcservices.ecourts.gov.in/hcservices/