Santhosh Kumar v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION Nos.15003 & 14841 of 2021 1 SANTHOSH KUMAR 2 KARNAN 3 PORSELVI [ PETITIONERS / ACCUSED IN CRL.O.P.No.15003 OF 2021 ] 1 SANJAIGANDHI 2 KALAVATHI [ PETITIONERS / ACCUSED IN CRL.O.P.No.14841 OF 2021 ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, IN BOTH THE PETITIONS ] ANDIMADAM POLICE STATION, ARIYALUR DISTRICT.

CR.NO.596/2021.

For Petitioners : M/S. T.MURUGANANTHAM Advocate [ IN CRL.O.P.No.15003 OF 2021 ] For Petitioners : M/S.K.MURUGESAN Advocate [ IN CRL.O.P.No.14841 OF 2021 ] For Respondent : MR. A.GOPINATH, Govt. Advocate ( Crl. Side) [IN BOTH THE PETITIONS] PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners who were arrested on 12.07.2021 for the offence under Sections 312, 314, 315, 318 and 304(ii) r/w. 201 of I.P.C. in Cr.No.596 of 2021 on the file of the respondent police, seek bail.

2.It is the case of the prosecution that A2 in the case and the deceased are lovers. Due to the physical relationship they had, the deceased became pregnant. Since A2 was already married, he approached A1 who is not a qualified Doctor for aborting the foetus and during the course of action, the deceased lost her life. 3.The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution. The petitioners are relatives of A1 and A2. 4.The learned Government Advocate (Crl. Side) would submit that all the accused joined together and made abortion and since they are un-qualified, the deceased lost her life and would further submit that investigation is in preliminary stage and vehemently opposed for grant of bail to the petitioners.

5.Considering the gravity of the offence committed by the petitioners and since investigation is in preliminary stage, this Court is not inclined to grant bail to the petitioners. 6.Accordingly, these criminal original petitions are dismissed. -sd/- 25/08/2021 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 OFFICER INCHARGE SUB JAIL, JAYAMKONDAM.

2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, ANDIMADAM POLICE STATION, ARIYALUR DISTRICT.

CC to M/S. T.MURUGANANTHAM Advocate on payment of necessary charges CRL OP.15003 & 14841/2021 Date :25/08/2021 RW 08/09/2021