Madras High CourtCRL OP(MD)/18018/2017dismissed

Lakshmanan v. The Inspector Of Police

2017-12-28Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.18018 of 2017 LAKSHMANAN ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE SOOLAKARAI POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO.525/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.MARIMUTHU Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 309 r/w 109 I.P.C. altered into 306 IPC in Crime No.525 of 2017 on the file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police.

3. The case of the prosecution is that the petitioner along with other accused tortured the defacto complainant's husband, due to which he committed suicide by consuming poison.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has not committed any such offence as alleged by the prosecution and A2 to A4 were granted anticipatory bail by this Court.

5. Learned Government Advocate (Crl.Side) would submit that before consuming poison the deceased has left a suicide note that the petitioner is responsible for his death and the earlier anticipatory bail application filed by the petitioner was dismissed only on 15.12.2017 and there is no change of circumstances for the petitioner to file this petition.

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6. Though A2 to A4 were already granted anticipatory bail by this Court, taking note of the fact that serious allegations have been made against the petitioner and the the earlier anticipatory bail application filed by the petitioner was dismissed only on 15.12.2017 and there is no change of circumstances for the petitioner to file this petition, this Court is of the view that custodial interrogation of the petitioner is necessary in this case and therefore, this Court is not inclined to grant anticipatory bail to him.

7. Accordingly, this Criminal Original Petition is dismissed. sd/- 28/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, SOOLAKARAI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.18018 of 2017 Date :28/12/2017 MKV-PM-PN-SAR 3/3.1.2018/2P-3C https://hcservices.ecourts.gov.in/hcservices/