Madras High CourtCRL OP/25684/2021dismissed

Pachiyappan v. State Rep By

2022-01-05Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Fifth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.25684 of 2021 PACHIYAPPAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, INDUR POLICE STATION, DHARMAPURI DISTRICT.

(CR.NO.105/2021) For Petitioner : M/S.N.PONRAJ Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Section 306 of IPC in Cr.No.105 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant's son informed him that the petitioner along with other accused persons went to his house and assaulted her daughter one Vennila. When, the defacto complainant along with his daughter went to the petitioner and questioned him about the same, he abused him and his daughter in filthy language. Due to mental stress and agony, one Vennila/defacto complainant's daughter committed suicide by consumed poison and dead. Hence, the complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that while the defacto complainant/deceased was https://hcservices.ecourts.gov.in/hcservices/

admitted in the hospital, she stated that there was some problem amount their family members for which she has consumed poison. In fact, the same has also been clearly mentioned in accident register dated 16.04.2021. Hence prays for grant of anticipatory bail. 4.The learned Government Advocate (Crl.Side) submitted that the petitioner is alleged to have scolded and abused the deceased in filthy language. Due to mental stress and agony, the deceased consumed poison and found dead. As per the complaint given by the father of the deceased, the name of the petitioner has been specifically mentioned in the F.I.R. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the allegation levelled against the petitioner and that his name is specifically mentioned in the F.I.R which needs a detailed investigation, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the petition seeking anticipatory bail is dismissed.

-sd/- 05/01/2022 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, INDUR POLICE STATION, DHARMAPURI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.N.PONRAJ Advocate on payment of necessary charges CRL OP.25684/2021 Date :05/01/2022 CSK 12/01/2022 https://hcservices.ecourts.gov.in/hcservices/