A. Logamani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirty First day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.15571 of 2016 1 A. LOGAMANI 2 L. VALARMATHI 3 L. SATHEES KUMAR ... PETITIONERS/ACCUSED 2-4 Vs THE STATE REP BY THE INSPECTOR OF POLICE USILAMPATTI TOWN POLICE STATION, USILAMPATTI, MADURAI DISTRICT.

(CRIME NO.414 OF 2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.D.VIJAYA RAGAVAN Advocate For Respondent : M/S.P.KANNITHEVAN, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as Accused Nos.2 to 4, apprehend arrest at the hands of the respondent police for the offence punishable under Section 174(3) CrPC @ Section 304(B) IPC, in Crime No.414 of 2016, on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the marriage between the daughter de facto complainant and A.1 was solemnized on 15.11.2015. From the beginning of marriage, the accused persons tortured and harassed the deceased demanding more dowry. Due to such harassment, the deceased committed suicide by hanging on 14.08.2016. On complaint, a case has been registered for the above said offences. 3.The case of the petitioners is that they are innocent persons and they have not committed any offence as alleged by the prosecution. They did not demand any dowry and they did not harass the deceased by demanding dowry. From the date of marriage, the deceased and A.1 were living separately. The third petitioner is also living separately along with his wife. At no point of time, they demanded dowry. All the problems were caused only due to the advise of the mother of the deceased. A.1 was already arrested and he is in judicial custody.

4.The learned Government Advocate (Criminal side) submitted that the petitioners tortured the deceased by demanding additional dowry and due to the torture, the deceased committed suicide by https://hcservices.ecourts.gov.in/hcservices/

hanging and on the complaint given by the de facto complainant, a case has been registered and investigation is pending. The Revenue Divisional Officer, Usilampatti conducted enquiry and filed her report dated 15.08.2016, wherein it is stated that the deceased committed suicide only due to the dowry harassment made by the petitioners.

5.Considering the facts and circumstances of the case and also considering the report of the Revenue Divisional Officer stating that the deceased committed suicide only due to the dowry harassment made by the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners and accordingly this petition is dismissed.

sd/- 31/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 2.THE INSPECTOR OF POLICE USILAMPATTI TOWN POLICE STATION, USILAMPATTI, MADURAI DISTRICT.

+1. CC to M/S.D.VIJAYA RAGAVAN Advocate SR.No.48755 RL/4C/2P/CK/SAR3/9/9/2016

ORDER

IN CRL OP(MD) No.15571 of 2016 Date :31/08/2016 https://hcservices.ecourts.gov.in/hcservices/