Karthick @ Karthikeyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.4019 of 2022 Karthick @ Karthikeyan ... Petitioner/Accused No.1 Vs State rep.by The Inspector of Police, S.P.Pattinam Police Station, Ramanathapuram District.

(Crime No.138/2021) ... Respondent/Complainant For Petitioner : M/s.Susi Kumar C, Advocate. For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.138 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 304(B) of IPC, in Crime No.138 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that the accused person and her mother demanded dowry from the deceased and harassed her, due to which, she committed suicide on 24.08.2021. Hence, the complaint. 3.This is the third anticipatory bail application that has been filed by the petitioner on the ground that the mother of the petitioner was granted anticipatory bail by this Court in Crl.O.P. (MD)No.1360 of 2022, dated 27.01.2022. The earlier bail application filed by this petitioner along with the above said mother came to be

dismissed by this Court considering the gravity of the allegation as well as the specific allegation that has been made against the petitioner.

4.A Perusal of the earlier order as well as the CD file shows that, some trouble were made by this petitioner in a drunken mood to the deceased. The respondent police has also stated that a marriage proposal was made for the brother of this petitioner. For performing the said marriage, there was some demand by the accused person and over that also, there was some trouble between them. They are having a child now. The child is now in the custody of the petitioner.

5.A reading of the RDO report shows that there was demand of dowry by the accused person, over which, only the above said suicide has been committed. But the statement of the witness shows that the petitioner is a habitual drunkard and at the drunken mood, he has picked up quarrel with the deceased and also assaulted her by pouring the hot water and food articles.

6.So, considering the overt act that has been attributed against the petitioner. I find no reason to differ from dismissal of the earlier petition. This Court is not inclined to grant anticipatory bail to the petitioner. The petitioner has to surrender before the respondent police.

7.Accordingly, this Criminal Original Petition is dismissed. Sd/- 05/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.IV) 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 INSPECTOR OF POLICE, S.P.PATTINAM POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.4019 of 2022 Date :05/08/2022 SP/JM/SAR IV/25/08/2022/3P/3C