K Suresh v. State By

T.V.THAMIILSELVI, J., The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 498(A) of Indian Penal Code, 1860 and Section 4 of Dowry Prohibition Act in Crime No.70 of 2023, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the 1st petitioner is the husband and the 2nd petitioner is the mother-in-law of the defacto complainant. The petitioners used to harass the defacto complainant by demanding dowry. Due to which, the defacto complainant lodged a complaint against the petitioners and the same was registered by the Kumarapalayam Police and subsequently, the husband of the defacto complainant was arrested. After coming out on bail, the husband of the defacto complainant has scolded the defacto complainant by using unparliamentary words and also abused her stating that the defacto complainant is already a married woman. Being humiliated by the same, the defacto complainant consumed cow dung powder. Hence, the case. 3.The learned counsel appearing for the petitioners submitted that

the 1st petitioner is the husband and the 2nd petitioner is the mother-in-law of the defacto complainant. Due to matrimonial dispute, the defacto complainant consumed cow dung powder and that the petitioners have not committed any offence as alleged by the prosecution. Subsequently, the defacto complainant committed suicide by consuming poison. The petitioners are no way connected with the suicide of the defacto complainant. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent raised strong objection stating that the petitioners are the husband and mother-in-law of the defacto complainant and that the petitioners have continuously harassed the defacto complainant for want of dowry due to which, on 14.10.2023, the defacto complainant consumed cow dung powder to commit suicide. Already, the defacto complainant had lodged a complaint regarding demand of dowry against the petitioners. Further, subsequent to the above incident, on 21.03.2024, once again the defacto complainant consumed poison and committed suicide. A case has been registered under Section 174(3) of Cr.P.C. based on the complaint given by the mother of the defacto complainant.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.

6. Taking into consideration of the fact that subsequent to lodging of the present complaint against the petitioners, the defacto complainant has once again consumed poison on 22.03.2024 and committed suicide, this Court is not inclined to grant anticipatory bail to the petitioners.

7. Accordingly, this Criminal Original Petition is dismissed. 24.06.2024 ssi

T.V.THAMIILSELVI, J., ssi 24.06.2024