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Madras High CourtCRL OP/31249/2022dismissed

P.Sivasakthivel v. Inspector Of Police

2022-12-20Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest for the alleged offence under Sections 174(3) Cr.P.C., and subsequently altered the F.I.R that 174(3) @ 306 IPC in Cr.No.244 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner married one Bhuvana on 01.06.2022 at a temple. They had no child out of their wedlock and due to which, there arose a difference of opinion between the petitioner and his wife and the said Bhuvana was harassed by the petitioner and his grand parents for having no child. Therefore, due to mental stress and agony, the said Bhuvana committed suicide and died on 01.07.2022. Hence, the case.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is the husband of

deceased and he has been falsely implicated in this case and that there was a misunderstanding between them, due to which she committed suicide by consuming poison. Further, as per the RDO report, it reveals that there was no dowry harassment to the deceased. Hence prays for grant of anticipatory bail.

4.The learned Government Advocate (Crl.Side) would submit that the petitioner married one Bhuvana on 01.06.2022 at a temple. They had no child out of their wedlock and due to which, there arose a difference of opinion between the petitioner and his wife and the said Bhuvana was harassed by the petitioner and his grand parents for having no child. Therefore, due to mental stress and agony, the said Bhuvana committed suicide and died on 01.07.2022. He would further submit that the petitioner had some illness, suppressing the fact, he married the deceased. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. On a perusal of the RDO report, it revealed that there was no dowry harassment made to the deceased and there was some

matrimonial dispute between the petitioner and the deceased, due to which misunderstanding arose between them. However, there may be some reason behind the death of the deceased, which needs a detailed investigation. Hence, this court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 20.12.2022 anu

T.V.THAMILSELVI, J.

anu 20.12.2022