Madras High CourtCRL OP/26079/2021dismissed

Ramesh v. The State Rep By Its

2022-01-04Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fourth day of January Two Thousand Twenty Two PRESENT THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.26079 of 2021 RAMESH [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, PARAMATHI POLICE STATION, NAMAKKAL DISTRICT.

CR. NO.444/2021 For Petitioner : M/S.W.CAMYLES GANDHI 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 20.11.2021 for the offence under Section 174 Cr.P.C. altered into Section 306 IPC, in Crime No.444 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on the date of occurrence, the deceased who is the wife of the defacto complainant committed suicide by consuming poison. Initially, the case registered under Section 174 Cr.P.C. Thereafter, during the course of investigation, it was found that the petitioner was earlier having illegal intimacy with the deceased and when it came to the knowledge of the defacto complainant, she stopped the relationship with the petitioner. Even thereafter, the petitioner used to harass her to have physical contact with him as a result of which, she committed suicide by consuming poison.

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 been falsely implicated in this case. He would further https://hcservices.ecourts.gov.in/hcservices/

submit that this is the second application for bail and the earlier application was dismissed by this Court in Crl.O.P.No.24596 of 2021 dated 16.12.2021 and the petitioner has been suffering incarceration for 45 days from 20.11.2021. 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 petitioner had developed intimacy with the wife of the defacto complainant. Thereafter, when it came to the knowledge of the defacto complainant, he warned the deceased and subsequently, she stopped the relationship with the petitioner. After sometime, the petitioner started to harass the deceased/wife of the defacto complainant to have physical relationship with him and hence, she committed suicide and that the investigation has not been completed.

5.On seeing the nature of allegation levelled against the petitioner and the fact that the investigation has been completed, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 04/01/2022 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, PARAMATHI POLICE STATION, NAMAKKAL DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges CRL OP.26079/2021 Date :04/01/2022 INBA▬10/01/2022 https://hcservices.ecourts.gov.in/hcservices/