Madras High CourtCRL OP/24563/2021dismissed

Karthikeyan v. State Rep By

2021-12-16Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Sixteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.24563 of 2021 KARTHIKEYAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, OLAKKUR POLICE STATION, VILLUPURAM DISTRICT.

(CR. NO.483 OF 2021) For Petitioner : M/S.D.DAYALAN 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 offence under Section 174 (3) Cr.P.C. altered into Section 306 IPC, 1860, in Crime No.483 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the marriage between the petitioner and the deceased was solemnized on 07.07.2021 and after lapse of 3 months i.e. on 05.11.2021 at about 4.30 a.m., the deceased went to attend nature's call. At that time, she committed suicide by hanging in the matrimonial home. Initially the case was registered under Section 174 (3) Cr.P.C. Later during, investigation, it was found that the petitioner was having illegal relationship with another lady and when the same was questioned by the deceased, he abused and induced her to commit suicide and due to the unbearable pain, she committed suicide by hanging. Hence, the case was altered to Section 306 IPC.

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3. The learned counsel for the petitioner would submit that the petitioner is no way connected with the suicide committed by the deceased. He would submit that one month prior to the occurrence, the mother of the deceased died due to which, the deceased was in depression and that the petitioner been falsely implicated in this case. He would further submit that the petitioner has been suffering incarceration for 30 days from 14.11.2021. 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 petitioner and the deceased was solemnized only on 07.07.2021 and within a period of 3 months, the deceased has committed suicide at her matrimonial home and that the RDO enquiry is pending.

5.On seeing the nature of allegation levelled against the petitioner and the fact that within 3 months of marriage, the deceased has committed suicide at her matrimonial home and that the RDO enquiry is pending, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 16/12/2021 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, OLAKKUR POLICE STATION, VILLUPURAM DISTRICT.

2 THE OFFICER INCHARGE, SUB JAIL, TINDIVANAM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.D.DAYALAN Advocate on payment of necessary charges CRL OP.24563/2021 Date :16/12/2021 CSK 03/01/2022 https://hcservices.ecourts.gov.in/hcservices/