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Madras High CourtCRL OP(MD)/3005/2021dismissed

Pushpam v. The Sub Inspector Of Police

2021-04-28Honourable Mr Justice G. Chandrasekharan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.3005 of 2021

1. Pushpam

2. Mariappan ... Petitioners/Accused 1 & 2 Vs The State rep by The Sub Inspector of Police, Chokkampatti Police Station, Tenkasi District Cr No. 281/2020. ... Respondent/Complainant For Petitioner : M/s.S.Kumar, Advocate.

For Respondent : Mr.Kr.Bharathikannan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.281/2020 on the file of the respondent Police ORDER : The Court made the following order :- The petitioners/A1 and A2, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 306 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 1998 in Crime No.281 of 2020, seek anticipatory bail.

2.The case of the prosecution is that the accused are residing at near the house of the de-facto complainant. The de-facto complainant's daughter, namely, Poomary @ Povammal married to one Murugan. After marriage, there was some misunderstanding between them. She was living with the de-facto complainant. Since the defaco complainant built a house four years back, the petitioners had been fighting with him for the last four years. On 31.10.2020 at about 07.00 a.m, when the de-facto complainant's daughter was taking water, the accused scolded her by mentioning her caste name and also questioned her conduct. Wounded by the scathing alegations made by the petitioners and deeply hurt by the deceased poured kerosene on her and set fire and later, she succumbed to injury. Hence, the complaint.

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3.The learned counsel for the petitioners submitted that the petitioners are no way responsible for the death of the deceased. They were falsely implicated in this case. He further submitted that mere uttering of words "go and die" will not amount to constitute an offence under Section 306 of IPC. Therefore, they seeks anticipatory bail.

4.The learned Government Advocate (Criminal side) strongly opposed this petition on the ground that the investigation is pending.

5.Taking note of the facts and circumstances of the case and also words used by the petitioners abusing the deceased by her caste name and that instigated the deceased to commit suicide, this Court is not inclined to grant anticipatory bail to the petitioners. 6.In the result, this petition is dismissed.

Sd/- 28/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI 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, CHOKKAMPATTI POLICE STATION, TENKASI DISTRICT.

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

ORDER

IN CRL OP(MD) No.3005 of 2021 Date : 28/04/2021 https://hcservices.ecourts.gov.in/hcservices/ VB MNR SAR IV(20/05/2021) 2P / 3C