Radha v. State Rep.By

A.A.NAKKIRAN, J.

The petitioner, who was arrested and remanded to judicial custody on 01.12.2022 for the alleged offence under Section 174(3) of Cr.P.C. and subsequently altered into Sec. 302 of I.P.C. in Crime No.154 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant alleged in her complaint that on 29.11.2022 there was some family dispute and misunderstanding between the daughter of defacto complainant and the petitioner and thereafter, she went to her mother's house. On the advise of defacto complainant and her family members, she went back to her matrimonial house. However, on 30.11.2022 at about 04.00 p.m. the defacto complainant received a phone call stating her daughter died by hanging. Hence, the deceased mother lodged a complaint against her mother-in-law.

3. The learned counsel for the petitioner submitted that on the date of

occurrence, when deceased locked herself in a room and hung herself, she tried to seek help of neighbours to save her, but all steps taken by her ended in vain. He would submit that she is no way connected with the occurrence and she has not at all committed any offence as alleged by the respondent police. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration from 01.12.2022. Hence, he prayed to grant bail to the petitioner.

4. The learned Addl. Public Prosecutor appearing for respondent would submit that daughter of defacto complainant was married to petitioner's son on 08.07.2019 and there was family dispute and misunderstanding between them, the deceased went to defacto complainant's brother's house and after convincing, she went back to matrimonial home, however, again on 30.11.2022, wordy quarrel arose between them, due to which, she committed suicide by hanging. She would submit that the petitioner is mother-in-law of deceased girl. She would also submit that if she is released on bail, she would tamper the witnesses and hamper the investigation. She would further submit that the R.D.O. enquiry

is still pending and the investigation is also not yet completed. Hence, she 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, R.D.O. enquiry is still pending and the investigation is not yet completed and also considering 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.

28.12.2022 rpp/skt

A.A.NAKKIRAN, J.

rpp/skt 28.12.2022