Madras High CourtCRL OP/13934/2022dismissed

Gokila @ Gunasundhari v. State By

2022-06-16Honourable Mr Justice G.K. Ilanthiraiyan2 pages

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.13934 of 2022 GOKILA @ GUNASUNDHARI [ PETITIONER / ACCUSED ] Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE ANNUR POLICE STATION, COIMBATORE DISTRICT.

(CRIME NO. 424 OF 2022) For Petitioner : M/S. C.RAMKUMAR 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 for the alleged offence under Sections 294(b), 420 IPC r/w Section 4 of Tamil Nadu Prohibition Harassment of Women Act, 2002 altered into 294(b), 420 and 306 IPC in Crime No.424 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the deceased/defacto complainant lodged a complaint before the respondent police stating that in order to purchase the agricultural land of the petitioner's husband, the deceased/defacto complainant paid a sum of Rs.5,00,000/- as an advance amount for a total sale consideration of Rs.9,00,000/-. However, she was unable to pay the remaining amount and she asked to repay the same. For which, the petitioner and his husband abused her in filthy language and harassed her. Thereafter, the deceased/defacto complainant committed suicide by pouring kerosene and fired herself infront of the petitioner's house. Hence, the complaint. https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner and her husband abused the defacto complainant in filthy language and harassed her. Due to mental stress and agony, the deceased committed suicide by pouring kerosene in front of the petitioner's house. Hence, he vehemently opposed to grant anticipatory bail to the petitioner. .

5. From a perusal of the F.I.R, reveals that the deceased/defacto complainant committed suicide in front of the petitioner's house due to continuous humiliation and action of the petitioner. Hence, this Court is not inclined to grant anticipatory bail to the petitioner.

6. 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, ANNUR POLICE STATION, COIMBATORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. C.RAMKUMAR Advocate on payment of necessary charges CRL OP.13934/2022 Date :16/06/2022 JPA 24/06/2022 https://hcservices.ecourts.gov.in/hcservices/