Vijayakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22615 of 2015 VIJAYAKUMAR ... PETITIONER / SOLE ACCUSED Vs THE STATE REP. BY ITS THE INSPECTOR OF POLICE, SUCHINDRUM POLICE STATION, KANYAKUMARI DISTRICT, (CR NO.713 OF 2015.) ... RESPONDENT/COMPLAINANT FOR PETITIONER : MR.R.J.KARTHICK ADVOCATE FOR RESPONDENT : MR.P.KANNIDEVAN GOVERNMENT ADVOCATE ( CRL. SIDE) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 20.10.2015 for the alleged offences punishable under Section 174 of Cr.P.C., and later altered into 306 of IPC, in Crime No.713 of 2015 on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that the petitioner and the defacto complainant are brothers and their sister namely Sukumari aged about 45 years was missing from 06.10.2015 therefore, the complaint was given and the same has been registered under Section 174 Cr.P.C., and on investigation it was found that the petitioner often quarrelled with the deceased and harassing the deceased as she was a witness in a case registered against the petitioner under Section 302 of IPC. Due to his harassment, the deceased committed suicide, therefore the case has been registered for the above said offence.

3.The case of the petitioner is that he is innocent and he has been falsely implicated in this case and all the family members of the deceased are mentally retarded and it is a hereditary disease. The petitioner submitted that mother and one of the sister had committed suicide and another sister attempted to commit suicide. According to the petitioner, his father also committed suicide.

4.The learned Government Advocate (Crl.side) submitted that https://hcservices.ecourts.gov.in/hcservices/

the petitioner is an accused in a murder case. The allegation against the petitioner is that he murdered his own father and the deceased was witness in that case. Due to harassment of the petitioner, the defacto complainant committed suicide and the investigation is pending.

5.Considering the gravity and seriousness of the offence, investigation is pending, I am not inclined to grant bail to the petitioner. Hence, this petition is dismissed. sd/- 30/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE, SUCHINDRUM POLICE STATION, KANYAKUMARI DISTRICT.

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

3. THE OFFICERS INCHARGE, DISTRICT JAIL, KANYAKUMARI DISTRICT AT NAGERCOIL.

+1. CC to MR.R.J.KARTHICK Advocate SR.No. 68249

ORDER

IN CRL OP(MD) No.22615 of 2015 Date :30/11/2015 2P/5C TE/AAL-MPA/SAR-II : 02/12/2015 https://hcservices.ecourts.gov.in/hcservices/