Prabhu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.4756 of 2021 Prabhu ... Petitioner/Sole Accused Vs Sate rep by The Inspector of Police, Valandur Police Station, Madurai District Cr No.907/2020. ... Respondent/Complainant For Petitioner : M/s.Mohideen Basha.N., Advocate.

For Respondent : Mr.K.Dinesh Babu, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime no. 907 of 2020 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested on 01.02.2020 for the offences punishable under Sections 174(3) of Cr.P.C @ 302 r/w.306 of IPC in Crime No.907 of 2020 on the file of the respondent police, seeks bail.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. From the submissions made it is seen that the the petitioner herein had physical relationship with the deceased prior to the marriage on the promise of marrying her. Even after the marriage it is alleged that there was sexual relationship between them and on threat the petitioner continued the relationship with the deceased. One another thing is that a girl child was born to the deceased. According to the case of the prosecution the girl child was born to the accused. Infact he threatened the deceased by saying that he would inform her husband by stating that the child was born through https://hcservices.ecourts.gov.in/hcservices/

him, due to which the deceased consumed poison and also gave poison to the two year girl child. Both died. Hence the complaint.

4. The learned counsel for the petitioner would submit that all the allegations made in the complaint are palpably false and due to some money transactions this case has been foisted against him. He further submitted that he had spent about Rs.13 lakhs for marriage of the deceased with the said Ravindran and when he demanded back the money this false case has been foisted against him.

5. The suicide note of the deceased was produced before the Court. From the perusal of the suicide note it is seen that the petitioner had sexual relationship with the deceased on the promise of marrying her and he also said to have threatened the deceased driving the deceased commit murder of two years old minor child by giving her poison and she also committed suicide.

6. Taking into consideration the allegations made against the petitioner and also the fact that the DNA report is not yet received and the investigation is not yet completed this Court is not inclined to grant bail to the petitioner at this stage.

7. In the result, the petition stands dismissed. sd/- 08.04.2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, Valandur Police Station, Madurai District.

2. The Superintendent Central Jail, Madurai.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER IN CRL OP(MD) No.4756 of 2021 Date : 08/04/2021 AAV VB/VR/SAR-III (15/04/2021) 2P / 4C https://hcservices.ecourts.gov.in/hcservices/