Sarasu @ Saraswathi v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Seventh day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.23629 of 2021 1 SARASU @ SARASWATHI [ PETITIONER / ACCUSED ] 2 SELVAM Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PENNAGARAM POLICE STATION, DHARMAPURI DISTRICT.

(CRIME NO.283 OF 2021) For Petitioner : M/S.M.MARIAPPAN Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Section 174(3) of Cr.P.C altered into 306 of IPC in Crime No.283 of 2021, on the file of the respondent police, seek anticipatory bail.

2. This is the second anticipatory bail application filed before this Court. The case of the prosecution is that the first accused had married the daughter of the defacto complainant. Further, there was misunderstanding between them. Further, the first accused had demanded the amount of Rs.50,000/- and 1 sovereign jewels, which was given by the Government to the deceased under Marriage Assistance Scheme and the same was refused by the deceased. Thereafter, the deceased left from the matrimonial home. Further, the petitioners along with other accused persons had entered into the house of the defacato complainant and abused the deceased in filthy language and assaulted her, due to which, she had committed suicide by self Immolation, she died. Hence, the complaint.

https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel for the petitioners submitted that the petitioners are innocent person and they have been falsely implicated in this case. He further submitted that the first petitioner is the cancer patient and the second petitioner is the uncle of first accused, a false case has been foisted against the petitioners. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) submitted that earlier application was dismissed by this Court in Crl.O.P.No.20680 of 2021 dated 12.11.2021 and there is no change of circumstances. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that the petitioners are involved in a very serious offence and earlier application was dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 07/12/2021 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, PENNAGARAM POLICE STATION, DHARMAPURI DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.M.MARIAPPAN Advocate on payment of necessary charges SR.NO.14199 CRL OP.23629/2021 Date :07/12/2021 TA-20/12/2021 https://hcservices.ecourts.gov.in/hcservices/