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Madras High CourtCRL OP/18714/2016dismissed

M.Kanakaraj Aged 23 Yrs v. The Inspector Of Police

2016-08-22Honourable Mr Justice S. Vaidyanathan2 pages

Crl.O.P.No.18714 of 2016 S.VAIDYANATHAN, J.

The petitioner, who was arrested and remanded to judicial custody on 01.07.2016 for the alleged offence punishable under Section 306 IPC in Crime No.456 of 2016 on the file of the respondent police, seeks bail.

2. The petitioner is arrayed as A1 in this case. A2 is wife of the petitioner and A3 is the mother of the petitioner. A1 and A2 are having 11 months old female child. The case of the prosecution is that when A2 was in her house, the deceased, who is a milk supplier to the accused, came to the house of the accused to supply milk and at that time he misbehaved with A2. A2 informed the said incident to her husband. Thereafter, the accused questioned the deceased about the said incident and they are alleged to have beaten him. The deceased unable to bear the humiliation caused by the accused, is alleged to have committed suicide by jumping in to the well.

3. Learned counsel for the petitioner submitted that as the deceased has misbehaved with his wife, he has questioned the deceased and he has not committed any such offence and a false case has foisted against him. He further submitted that he is in custody for more than 50 days and that A2 and A3 in this case have already been released on anticipatory bail and that he may be released on bail.

S.VAIDYANATHAN, J.

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4. Learned Government Advocate (Crl. Side) submitted that the petitioner along with other accused are alleged to have beaten the deceased and the deceased has committed suicide because of the humiliation caused by the accused and that investigation is pending in this case and hence, vehemently opposed for grant of bail to the petitioner.

5. Though A2 and A2 have already been granted anticipatory bail, taking note of the fact that the petitioner is alleged to have caused injuries to the deceased, which made the deceased to commit suicide, this Court is not inclined to grant the relief sought by the petitioner and the petition is dismissed.

22.08.2016 vrc Crl.O.P.No.18714 of 2016