Madras High CourtCRL OP/24812/2021dismissed

Senthamizharasan v. State Rep By

2021-12-17Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Seventeenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.24812 of 2021 SENTHAMIZHARASAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE DEPUTY SUPERINTENDENT OF POLICE, VAZHAPADI SUB DIVISION, SALEM DISTRICT.

CRIME NO. 145 OF 2021 For Petitioner : M/S.F.WELLINGTON 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 01.12.2021 for the offence under Section 174(3) of Cr.P.C @ Section 306 of IPC, in Crime No.145 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the de facto complainant is the father of the deceased and the petitioner is the husband of the deceased. On 05.04.2021 at about 10 p.m., the deceased committed suicide by hanging. Hence, the case was initially registered under Section 174(3) Cr.P.C. Later, it was found that just before the occurrence, the petitioner has spoken with the deceased over phone and due to the mental depression, she committed suicide and hence, the case was altered into Section 306 of IPC.

3. The learned counsel for the petitioner would submit that the petitioner is no way connected with the suicide committed by the deceased and he has been falsely implicated in this case. He would https://hcservices.ecourts.gov.in/hcservices/

further submit that the petitioner has been suffering incarceration for more than 15 days from 01.12.2021. Hence, he would pray for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the marriage between the deceased and the petitioner took place on 19.10.2020. After marriage, the petitioner has tortured the deceased mentally as a result, on the date of occurrence, the deceased committed suicide by hanging at the parental house while she had gone there for casting vote for Assembly Election. As per the RDO report, before the said occurrence, the petitioner has spoken with the deceased over phone and due to the mental depression, she committed suicide and the petitioner was arrested recently on 01.12.2021 and that the investigation is pending.

5. It is seen that the petitioner is the cause for the suicide of the deceased and the petitioner was arrested recently on 01.12.2021 and that the case needs a detailed investigation. Hence this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 17/12/2021 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 DEPUTY SUPERINTENDENT OF POLICE, VAZHAPADI SUB DIVISION, SALEM DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.F.WELLINGTON Advocate on payment of necessary charges CRL OP.24812/2021 Date :17/12/2021 JPA 03/01/2022 https://hcservices.ecourts.gov.in/hcservices/