Iyyappan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Iyyappan ... Petitioner/Sole Accused Vs The Inspector of Police, Manachanallur Police Station, Trichy District.

Crime No.278 of 2024 ... Respondent/Complainant For Petitioner :

Mr.K.M.Karunakaran, Advocate.

For Respondent :

Mr.R.Meeanakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL UNDER SEC 483 of BNSS PRAYER :- For Bail in Crime No.278 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 06.01.2025 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant bail.

2. The petitioner / sole accused, who was arrested and remanded to judicial 1/4

custody on 08.12.2024 for the alleged offences under Sections 194(3) (iv) of BNSS 2023 @ 105 and 85 BNS, 2023 in Crime No.278 of 2024, on the file of the respondent police, seeks bail.

3. The case of the prosecution is that the petitioner herein, who is the son-in-law of the defacto complainant, had an illicit relationship with another woman, which had to frequent quarrels between him and his wife (since deceased) over the past six months. On 27.11.2024,, there was a quarrel between them due to the same reason. The following day i.e., on 28.11.2024 the deceased experienced severe head ache and body pain. Following which she was admitted in the hospital and later died. Therefore, a complaint has been lodged.

4. Mr.K.M.Karunakaran, learned counsel appearing for the petitioner submitted that due to ill health only, the petitioner's wife died and the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and a false case has been foisted against the petitioner. He would further submit that the petitioner has been in judicial custody from 08.12.2024 and seeks bail.

5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent Police, submitted that already, that there was a dispute between the petitioner and the deceased and that petitioner had committed the murder of his wife. He has also produced a copy of the postmortem 2/4

report and submitted that there were both internal and external injuries to the body of the deceased and the investigation of the case is still pending. Hence, he opposed the grant of bail to the petitioner.

6. Heard both sides and perused the records.

7. On perusal of the Postmortem Report it is seen that there were both external and internal injuries to the body of the deceased. Considering the nature of injuries and considering the fact that the alleged occurrence took place within the four walls of the house, if the petitioner is released on bail, he may cause threat to the witnesses and attempt to erase the evidence, thereby, delaying the investigation.

8. In view of the above and the nature of offence, which is alleged to have been committed by the petitioner, this Court is of the considered view that if the bail is granted to the petitioner, he may cause threat to the witnesses and there is very possibility for delaying the investigation. Hence, this Court is not inclined to grant bail to the petitioner.

9. Accordingly, this Criminal Original Petition is dismissed. sd/- 04/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE INSPECTOR OF POLICE, MANACHANALLUR POLICE STATION, TRICHY DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.302 of 2025 Date :04/02/2025 RS/SKN/SAR-(18.02.2025) 4P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4