Madhavan v. State Rep.By Its

Crl.O.P.No.16880 of 2024 T.V.THAMILSELVI, J.

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 24.04.2024, seeking bail in Crime No.155 of 2024 for the alleged offences punishable under Sections 294(b), 307of IPC altered to Sections 294(b), 302 of IPC.

2. Learned counsel appearing for the petitioner submitted that this is the second application for bail filed by the petitioner and his earlier bail application in Crl.O.P.No.14209 of 2024 was dismissed by this Court vide order dated 19.06.2024. He further submitted that the petitioner has been suffering incarceration from 24.04.2024 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for bail.

3. Learned Government Advocate (Criminal Side) appearing for the respondent police raised objection for granting bail to the petitioner stating that the victim/deceased had refused to continue her relationship with the accused/petitioner herein, therefore, the accused enraged over the same and poured petrol on her and set fire, due to which, the victim sustained burnt injuries and died without responding to the treatment. He further submitted that the earlier bail application of the petitioner was dismissed by this Court on 19.06.2024 and there is no change in circumstances and the investigation in this case is still pending. https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

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4. Considering the facts of the case and the submissions made by the learned Government Advocate (Criminal Side) that the investigation is still pending and there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, the Criminal Original Petition stands dismissed. However, considering the pathetic situation of the deceased's family, this Court feels that it is a fit case for availing victim compensation as per Section 357(A)(1)(2) and (6) - Victim Compensation Scheme of Cr.P.C. Therefore, the Legal Services Authority, Krishnagiri, is hereby directed to pay a sum of Rs.1,00,000/- (Rupees One Lakh only) each, as compensation to the children of the deceased person, addressing to the District Collector, in the manner known to law. The District Collector, on receiving the said amount, is directed to deposit a sum of Rs.1,00,000/- (Rupees one lakh only) each in the name of the victim's children for their welfare, under their legal guardianship, within a period of 12 weeks from the date of receipt of a copy of this order.

18.07.2024 ham Copy to :

1. Legal Services Authority, Krishnagiri.

2. The District Collector, Krishnagiri.

Crl.O.P.No.16880 of 2024 https://www.mhc.tn.gov.in/judis