Madras High CourtCRL OP(MD)/1314/2021dismissed

Muthukumar v. The Sub Inspector Of Police

2021-02-02Honourable Mr Justice M. Nirmal Kumar2 pages

CRL OP(MD). No.1314 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/02/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). No.1314 of 2021 Muthukumar ... Petitioner/Sole Accused Vs State Rep. by The Sub Inspector of Police, Nagudi Police Station, Pudukkottai District.

Crime No.518 of 2020.

... Respondent/Complainant For Petitioner : Mr.K.Baalasundharam, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.518 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 174 Cr.P.C., altered into Section 306 IPC in Crime No.518 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant is the father of the deceased. The marriage between the deceased and the petitioner was solemnized 14 years back and they have two children.

The petitioner herein had illegal relationship with some other woman and the same was objected by the deceased and the petitioner herein continued his relationship, abused the deceased to commit suicide Due to continuous torture made by the petitioner, the deceased poured kerosine on her and children and set fire and thereby, committed suicide. Hence, the present complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely https://hcservices.ecourts.gov.

CRL OP(MD). No.1314 of 2021 implicated in this case. He further submitted that the deceased insisted the petitioner for a separate house and hence, a dispute arose between them, which was wrongly projected by the defacto complainant. Hence, he prayed for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. Side), appearing for the respondent police submitted that there is specific allegation against the petitioner. The petitioner herein had illegal relationship with some other woman and hence, he continuously abused the deceased to commit suicide. On the date of occurrence, due to torture of the petitioner herein, the deceased poured kerosine on her body and her children and set fire and thereby committed suicide. Hence, he opposed to grant anticipatory bail to the petitioner.

5.In view of the serious allegations against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 02/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE SUB INSPECTOR OF POLICE, NAGUDI POLICE STATION, PUDUKKOTTAI DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.1314 of 2021 Date :02/02/2021 gns JM/VR/SAR I/08.02.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2