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Madras High CourtCRL OP/25068/2021dismissed

Thirumurugan v. The State Of Tamilnadu Represened By

2021-12-21Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty First day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.25068 of 2021 THIRUMURUGAN [ PETITIONER / ACCUSED ] Vs THE STATE REPRESENED BY, [ RESPONDENT ] THE INSPECTOR OF POLICE, THIRUMANUR POLICE STATION, ARIYALUR DISTRICT CRIME NO.364 OF 2021.

For Petitioner : M/S.C.PRABAKARAN 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 21.11.2021 for the offences under Section 174 of Cr.P.C. @ 420 and 306 of IPC, in Crime No.364 of 2021, on the file of the respondent police seeks bail.

2. The case of the prosecution is that on 17.11.2021 the daughter of the defacto complainant consumed insecticide and admitted in the hospital. Later on 19.11.2021, she died. Initially the case was registered under Section 174 Cr.P.C. Later, on enquiry it was found that the petitioner had love affair with the deceased and made her pregnant. Thereafter, on the instigation of the petitioner, he aborted the foetus. Thereafter, the petitioner refused to marry the deceased. Hence, the case was altered to Sections 420 and 306 IPC. https://hcservices.ecourts.gov.in/hcservices/

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 and that he has been suffering incarceration for 30 days from 21.11.2021 and would pray for grant of bail.

4. The learned Government Advocate (Crl. Side) would raise strong objection stating that the investigation has not been completed and the RDO reported is awaited and if the petitioner is released on bail, he may abscond and tamper the evidence.

5. On seeing the grave nature of offence and the fact that the investigation has not been completed and the RDO reported is awaited and if the petitioner is released on bail, he may abscond and tamper the evidence. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 21/12/2021 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, THIRUMANUR POLICE STATION, ARIYALUR DISTRICT 2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.C.PRABAKARAN Advocate on payment of necessary charges CRL OP.25068/2021 Date :21/12/2021 JPA 04/01/2022 https://hcservices.ecourts.gov.in/hcservices/