Silambarasan v. State Rep By

Crl.O.P.No.15590 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 04.06.2022 for the offences punishable under Sections 174(3) @ 304(B) r/w Section 34 of IPC in Crime No.70 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner got married the deceased on 17.05.2021 and during the marriage, there was a demand of 40 sovereign of jewels and Rs.1,50,000/- cash to purchase two wheelers. After presenting the said demand against the petitioner and his family membered demanded the deceased to hand over the salary. That apart, the petitioner used to consume liquor daily and tortured the deceased by demanded huge dowry. In fact 11⁄2 month prior to her death, she attempted to commit suicide and fortunately she was saved by treatment. While being so, on 29.05.2022, she committed by hanging herself in the matrimonial home, due to the torture given by the petitioner herein. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted that there was misunderstanding between the petitioner and his wife with regard to

trivial matrimonial issues. She never lived with the petitioner and had left to her parents home. In fact, the deceased was attempted to commit suicide in her mother's house. Further on the date of occurrence the deceased voluntarily came to the matrimonial home without informing to any one and committed suicide. At that time, the petitioner was not present in the matrimonial home and due to other reasons, she committed suicide and not for the dowry demand. Hence, he prays to grant bail to the petitioner.

4. The learned Public Prosecutor (Pondy) appearing for the respondent submitted that totally there are two accused and the petitioner is arrayed as first accused. Due to the torture given by the accused persons, the deceased committed suicide by hanging. If the petitioner released on bail, he would tamper the witnesses and hamper the evidence. Hence, he vehemently opposed to grant bail to the petitioner.

5. The petitioner is the husband of the deceased and they got married 17.05.2021. Even at the time of marriage, they demanded dowry from the deceased family to give 40 sovereign of gold jewels and Rs.11⁄2 lakhs to purchase two wheeler. Even then, the petitioner and his mother demanded huge dowry from the deceased. That apart, the deceased was working as

lecturer in Villupuram College. The accused persons also demanded to hand over the entire salary from the deceased. Therefore, there was a continuous harassment and dowry demand due to which, the deceased committed suicide by hanging herself. That apart the petitioner was remanded to judicial custody only on 04.06.2022. Taking consideration of the above facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petitions is dismissed. 06.07.2022 rts

G.K.ILANTHIRAIYAN, J.

rts Crl.O.P.No.11420 of 2022 06.07.2022