Saikumar @ Savithkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Seventeenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14034 of 2022 SAIKUMAR @ SAVITHKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, ALL WOMEN THIRUVARUR POLICE STATION.

CRIME NO.8/2022.

For Petitioner : M/S.P.VIJENDRAN Advocate For Respondent : M/S.A.DAMODARAN, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 07.04.2022 for the offences punishable under Sections 417, 376, 506 (i) and 306 of IPC in crime No.8 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner fell in love with the deceased. Thereafter, they had physical relationship and as such she got pregnant. In her fourth month pregnancy, the petitioner refused to marry her and as such, she committed suicide by consuming poison.

3. The learned counsel for the petitioner would submit that the petitioner and the deceased fell in love and they were willing to do the marriage. The parents of the deceased and her relatives did not accept the same. Therefore, out of fear, she consumed poison and committed suicide. However, the said fact was suppressed by the defacto complainant and lodged the false complaint against the petitioner. Hence, he prays for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor would submit that the petitioner fell in love with the deceased and thereafter, they had physical relationship and she got pregnant. In her fourth month pregnancy, the petitioner refused to marry her and as such, she committed suicide. Hence, he vehemently opposed for grant of bail to the petitioner.

5. It is seen that the petitioner and the deceased had physical relationship, due to which she got pregnant. In the fourth month of pregnancy, no one would commit suicide for the reason the parents refused to get married. When the deceased fell in love with the petitioner and also had physical relationship, she would not have committed suicide for the reason that her parents refused to get married with the petitioner herein. The occurrence took place only due to the refusal of the petitioner to get married the victim. Due to humiliation since she got pregnant, she committed suicide. Therefore, the petitioner has committed very serious and heinous offence as against the deceased and this Court is not inclined to grant bail to the petitioner. Accordingly, 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 INSPECTOR OF POLICE, ALL WOMEN THIRUVARUR POLICE STATION.

THIRUVARUR.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE OFFICER INCHARGE, SUB JAIL, NANILAM.

CC to M/S.P.VIJENDRAN Advocate on payment of necessary charges CRL OP.14034/2022 Date :17/06/2022 RW-27/06/2022 https://hcservices.ecourts.gov.in/hcservices/