Madras High CourtCRL OP/23098/2021dismissed

T.Parthiban v. The State Rep By

2021-12-02Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Second day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.23098 of 2021 T.PARTHIBAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ARNI TALUK POLICE STATION, TIRUVANNAMALAI.

(CRIME NO.1306 OF 2021) For Petitioner : M/S.R.RANJITH KUMAR Advocate For Respondent : MR.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 14.11.2021 for the offences under Sections 174(3) of Cr.P.C. altered u/s.306 of IPC, in Crime No.1306 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 13.11.2021 at about 2.00 p.m the de facto complainant's daughter committed suicide by hanging. Hence, the case was initially registered under Section 174 (3). Later, during investigation it came to light that the petitioner who is the husband of the deceased along with other accused harassed the deceased to give one of her child to the sister of the petitioner. Therefore,, the deceased committed suicide. Hence, the offence was altered as stated above.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he is no way connected with the alleged offence and he has been falsely implicated in this case. He would further submit that the petitioner has been suffering incarceration for more than 15 days from 14.11.2021 and hence, he would pray for grant of bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) would raise objection stating the petitioner married the de facto complainant's daughter in the year 2019 and they have two twin babies. The petitioner who is the husband of the deceased along with other accused harassed the deceased to give one of her child to the sister of the petitioner and since, the deceased refused the same, the accused forced and harassed her. Hence, due to frustration, the deceased committed suicide and the investigation has not been completed. He would further submit that the children are now under the care of paternal house.

5.On seeing the grave nature of allegation levelled against the petitioner and the investigation has not been completed, this court is not inclined to grant bail to the petitioner, Accordingly, this Criminal Original Petition is dismissed.

-sd/- 02/12/2021 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, ARNI TALUK POLICE STATION, TIRUVANNAMALAI DISTRICT.

2 THE OFFICER INCHARGE, SUB JAIL, SENGAM, TIRUVANNAMALAI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.R.RANJITH KUMAR Advocate on payment of necessary charges SR.NO.63123 CRL OP.23098/2021 Date :02/12/2021 CSK 08/12/2021 https://hcservices.ecourts.gov.in/hcservices/