Senguttuvan v. The State Rep By The Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 25.11.2022 for the alleged offence under Sections 306 I.P.C. in Crime No.496 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant's son was running a pesticide shop and the petitioner along with other accused used to purchase pesticide on credit. On 23.11.2022, when he demanded payment, the petitioner along with other accused abused him and threatened with dire consequences. On the following day i.e. on 24.11.2022, the defacto complainant's son unable to bear the mental pressure and stress, he subjected to administer poison to his wife and two kids without their knowledge and fled to Annapennpettai village, where he died by hanging himself from a tree. Hence, the complaint.

3. The learned counsel for the petitioner submitted that he is President of local panchayat and the defacto complainant has spoiled his reputation. He would submit that he has not at all committed any offence as

alleged by the respondent police and he is no way connected with the offence. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration from 25.11.2022. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, eight accused involved in this case and this petitioner is arrayed as A1. He would submit that the relationship between the petitioner and the deceased is buyer and seller on credit basis. On the date of occurrence, the deceased demanded money from the petitioner, who in turn, refused to make payment, thereby he committed suicide. He would submit that money borrowed by this petitioner and the deceased signed as surety and when he has not repaid the amount, for that his property was taken as security, due to which the deceased administered poison to his family and he committed suicide by hanging, in which one child and husband died and wife along with another child were still in hospital and they are in critical condition. He would also submit that if he is released on bail, he will tamper the witnesses and hamper the

investigation and the investigation is not yet completed. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and considering the gravity of offence committed by the petitioner, and also considering the fact that entire family consumed poison and husband committed suicide, in which one child and husband Ganesh died, his wife and another child were still in hospital and they are in critical condition and the fact that there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

13.12.2022 rpp

T.V.THAMILSELVI, J.

rpp 13.12.2022