N.Akila v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Sixteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13827 of 2022 N.AKILA [ PETITIONER / ACCUSED ] Vs STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, B-2, R.S.PURAM POLICE STATION, COIMBATORE.
(CRIME NO.235 OF 2022) For Petitioner : M/S.K.BALASUBRAMANIAM Advocate For Respondent : MR.A.DAMODARAN, Additional public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 309 of IPC @ Section 307 of IPC @ Section 302 of IPC, in Crime No.235 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant/deceased was working in the shop of the petitioner's husband. It is alleged that the deceased went to the house of the defacto complainant and asked money for her treatment. Since the defacto complainant denied in giving the money, the deceased went into the bathroom and self immolated herself. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and no way connected with the alleged offence. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor submits that the petitioner has specific overtact in this case. It is a case of 302. Hence he vehemently opposed to grant anticipatory bail to the petitioner.
5. It is seen that though the First Information Report has been registered on statement recorded from the victim as if she went to the house of the petitioner for seeking loan of Rs.50,000/-. Thereafter, it was denied and as such the deceased herself committed suicide by pouring kerosene and set fire on her own. It is seen that the occurrence was took place in the house of the petitioner. A1 was having illegal intimacy with the deceased. When it was questioned by the petitioner and she cannot able to curtail their relationship. When the deceased went to the house of the petitioner, there was a quarrel between the deceased, A1 and A2. Thereafter, the petitioner poured petrol on the deceased and locked her in the bathroom. Thereafter, she was rescued and admitted to the hospital.
The First Information Report was registered on the statement recorded from the deceased. However, thereafter on 30.05.2022 when the deceased was in critical stage, the District Welfare Officer, Coimbatore, recorded her Dying Declaration and also videographed the same. So it revealed that the petitioner poured petrol on the deceased and also set fire. Therefore, she sustained injuries and died.
6. Taking into consideration the facts and circumstances of the case, the custodial interrogation of the petitioner is very much necessary in this case. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.
7. Accordingly, this Criminal Original Petition is dismissed. -sd/- 16/06/2022 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, B-2, R.S.PURAM POLICE STATION, COIMBATORE.
2 THE DISTRICT WELFARE OFFICER COIMBATORE 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.K.BALASUBRAMANIAM Advocate on payment of necessary charges CRL OP.13827/2022 Date :16/06/2022 JPA 24/06/2022