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Madras High CourtCRL OP/20130/2023dismissed

Sakthivel v. Inspector Of Police

2023-09-19Honourable Mr Justice G. Chandrasekharan2 pages

Crl.OP.No.20130 of 2023 Crl.OP.No.20130 of 2023 G.CHANDRASEKHARAN, J.

This petition is filed to enlarge the petitioner on bail pending investigation in Cr.No.359 of 2023 on the file of the respondent Police. 2.It is the submission of learned counsel for the petitioner that petitioner is implicated as accused in Cr.No.359 of 2023 for the offences under Section 302 I.P.C., subsequently altered into 302, 201 r/w 109 I.P.C. He is in judicial custody from 03.08.2023. Thus, this petition is filed for seeking bail.

3.In response, the learned Additional Public Prosecutor submitted that A1 is a widow and she developed illicit intimacy with A2. Due to their illicit intimacy, A1 got conceived and delivered a baby boy. Thinking that child born to illicit intimacy as an insult, at the instigation of A2, she had thrown the just born baby into a pond. As a result, the just born baby died. The investigation in this case is not completed. 4.Considered the submissions and perused the records. 1/2 https://www.mhc.tn.gov.in/judis

Crl.OP.No.20130 of 2023 G.CHANDRASEKHARAN, J.

5.Considering the nature of the allegations made against this petitioner and co-accused, where they plotted to kill a just born baby in the gruesome manner for the reason that the baby was born out of illicit affair and that investigation in this case is not completed, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. 19.09.2023 ep Crl.OP.No.20130 of 2023 2/2 https://www.mhc.tn.gov.in/judis