Madras High CourtCRL OP/20922/2021dismissed

K.Vivekananthan v. The State Rep By

2021-11-09Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Ninth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.20922 of 2021 K.VIVEKANANTHAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SULUR POLICE STATION, COIMBATORE DISTRICT.

CR NO. 959/2021.

For Petitioner : M/S.A.MOHAMED ISMAIL Advocate For Respondent : M/S.N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 09.10.2021 for the offences under Section 306 of IPC, in Crime No.959 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant is the close relative of the victim. There are two accused in this case. The wife of the deceased is arrayed as A1 and the petitioner is arrayed as A2. The wife of the deceased had developed illegal relationship with the petitioner and thereby, the deceased committed suicide by hanging. Initially, the case was registered under Section 174 Cr.P.C. and subsequently, altered to Section 306 IPC. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case and that the petitioner has been suffering incarceration for more than 30 days from 09.10.2021. Hence, he would pray for grant of bail to the petitioner.

4.The learned Government Advocate would raise strong objection stating that the investigation has not been completed. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the nature of offence and the fact that the investigation has not been completed, his Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 09/11/2021 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 INSPECTOR OF POLICE, SULUR POLICE STATION, COIMBATORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

+1 CC to M/S.A.MOHAMED ISMAIL Advocate on payment of necessary charges SR.NO.12727 CRL OP.20922/2021 Date :09/11/2021 TA-23/11/2021 https://hcservices.ecourts.gov.in/hcservices/