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Madras High CourtCRL OP(MD)/1430/2018dismissed

Kalyani, W/O.Mahalingam, v. The Inspector Of Police,

2018-01-31Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirty First day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.1430 of 2018 KALYANI, ... PETITIONER/ACCUSED No.2 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, KARIYAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT CRIME NO.10 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.SUNDAR Advocate For Respondent : MR.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner / A2, who apprehends arrest at the hands of the respondent Police for the offence punishable under Section 306 IPC in Crime No.10 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that the first accused and the deceased are husband and wife and due to harassment at the hands of the petitioner along with other accused, the deceased consumed poison and committed suicide. Hence, the present case has been registered.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case. He further submitted that the petitioner has not committed any offence as alleged by the prosecution and she is no way connected with the offences, and pleads for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.side) submitted that the investigation is still pending.

5.The submissions made by the learned counsel on either side are considered. It is alleged that the petitioner herein is the second accused in this case. The other accused ie., A1 is the https://hcservices.ecourts.gov.in/hcservices/

husband of the deceased. Marriage between A1 and the deceased was solemnized 8 years prior to the date of occurrence. The petitioner is the sister of A1. On going through the C.D. file and particularly considering the materials available in the inquest report, this petitioner also harassed the deceased before the occurrence. So, due to the strained relationship between the deceased and the petitioner, if anticipatory bail is granted, there will be chance to tamper the witnesses and hamper the investigation. 6.Taking the above said aspects into consideration and having regard to the nature of offence committed by the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner at this stage. Accordingly, this Criminal Original Petition is dismissed.

sd/- 31/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, KARIYAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.R.SUNDAR Advocate SR.No.1647

ORDER

IN CRL OP(MD) No.1430 of 2018 Date :31/01/2018 SMA/PM-PN/SAR-4/07.02.2018:2P/4c https://hcservices.ecourts.gov.in/hcservices/