Madras High CourtCRL OP(MD)/3693/2024dismissed

Vijay v. The Inspector Of Police

2024-03-28Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI VIJAY ... PETITIONER/ ACCUSED NO.1 Vs THE INSPECTOR OF POLICE AVANIYAPURAM POLICE STATION, MADURAI CITY CR NO. 523 OF 2023 ... RESPONDENT / COMPLAINANT M.KARUPPAIAH ...PETITIONER/INTERVENER IN CRL MP(MD)NO.3440 OF 2024 For Petitioner : M/S. DINESH.K, Advocate For Respondent : MR.S.MANIKANDAN, Govt. Advocate ( Crl. Side) For Intervener : MR.M.VIJAYARAJAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER: FOR ANTICIPATORY BAIL IN CRIME NO. 523 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

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ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 174(3) Cr.P.C., altered into Section 306 IPC in Crime No.523 of 2023, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant is the father of the deceased. The petitioner and the deceased are husband and wife. After marriage, the petitioner went to Dubai for his employment and used to send money to the deceased. When A1 returned back to India, he asked about the money and harassed her. Due to the same, the deceased committed suicide. Hence, the case. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that earlier occasion, the petitioner expressed his willingness to execute settlement deed in favour of his minor daughter, however, now he refused to do the same.

4.The learned counsel appearing for the intervenor vehemently opposed to grant anticipatory bail to the petitioner by stating that due to the harassment made by the petitioner herein, the deceased committed suicide. 2/4

5.The learned Government Advocate (Crl.Side) appearing for the respondent Police would submit that in the suicide note, the deceased clearly stated that the petitioner and her in-laws harassed and due to the same, she committed suicide. Accordingly, he prayed to dismiss the present petition. 6.It is seen that due to the harassment of the petitioner herein one life is lost and now the child is with the parents of the deceased. Considering the seriousness of the allegations levelled against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 28/03/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1.THE INSPECTOR OF POLICE AVANIYAPURAM POLICE STATION, MADURAI CITY 3/4

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

+1 CC to M/s.K.DINESH, Advocate ( SR-3972[I] dated 28/03/2024 ) +1 CC to M/s.M.VIJAYRAJAN, Advocate ( SR-4076[I] dated 02/04/2024 )

ORDER

IN Date :28/03/2024 RK/JGB(17/04/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4