Babu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.23666 of 2021 BABU [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, PENNAGARAM POLICE STATION, DHARMAPURI DISTRICT (CRIME NO.283/2021) For Petitioner : M/S.M.MARIAPPAN 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 petitioner who was arrested and remanded to judicial custody on 12.10.2021 for the offences under Sections 174(iii) of Cr.P.C @ 306 of IPC, in Crime No.283 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that deceased is a daughter of defacto complainant got married with the petitioner and the deceased is an handicapped person, the petitioner demanded a sum of Rs.50,000/- and one sovereign of gold from the deceased which was given by the Government under Marriage Assistance Scheme, the same was refused by her due to that wordy quarrel happened arose and the victim committed suicide by pouring kerosene on her and set fire and died. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner 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 50 days from 12.10.2021 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 strong objection stating that the deceased got married with the petitioner and he demanded a sum of Rs.50,000/- and one sovereign of gold from the deceased which was given by the Government under Marriage Assistance Scheme, the deceased refused to give the same due to that wordy quarrel happened and the victim committed suicide. He further submits that this Court dismissed the petitioner's earlier petition in Crl.OP.No.23666 of 2021 dated 10.11.2021.

5. On Considering the grave nature of offence against the petitioner and there is no change of circumstances after the dismissal of the petitioner's earlier application, this court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 08/12/2021 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 OFFICER INCHARGE, DISTRICT JAIL, DHARMAPURI 2 INSPECTOR OF POLICE, PENNAGARAM POLICE STATION, DHARMAPURI DISTRICT 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.MARIAPPAN Advocate on payment of necessary charges CRL OP.23666/2021 Date :08/12/2021 RVR 17/12/2021 https://hcservices.ecourts.gov.in/hcservices/