Venkatesapandian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/04/2021 PRESENT The Hon'ble Mr.Justice G.CHANDRASEKHARAN Venkatesapandian

...Petitioner/Accused No.3

Vs The State Rep. by The Inspector of Police, Poovanthi Police Station, Ilanthangudippatti,Sivagangai District.

Cr.No.43 of 2021.

... Respondent/Complainant For Petitioner : Mr.Sankar.M, Advocate.

For Respondent : Ms.R.Anandhadevi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.43 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as A3, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Section 174 Cr.P.C. and subsequently altered into 306 IPC, in Crime No.43 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant's husband was running two petrol bunks on lease and they were taken on lease from the accused 1 and 2. Subsequently the petrol bunk suffered loss the deceased could not be able to pay the amount. Therefore, the petitioner and other accused persons said to have scolded the deceased and gave more pressure to him for non paying the due amount. All the accused induced him to commit suicide on 16.03.2021 at about 6.00 a.m. and hence the defacto complainant's husband committed suicide. Hence, the complaint. 1/3

3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.side) appearing for the respondent.

4.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prayed for grant of anticipatory bail to the petitioner. 5.The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that A1 was arrested and he is in judicial custody and the investigation is premature stage. Hence, he strongly opposed to grant anticipatory bail to the petitioner. 6.It is seen from the submission that the defacto complainant's husband was running two petrol bunks, which was taken on lease from the petitioner. Subsequently, the petrol bunk suffered loss the deceased could not be able to pay the amount. Therefore, the petitioner said to have scolded the deceased and pressurized him to pay the due amount.

All the accused induced him to commit suicide on 16.03.2021 at about 6.00 a.m. and hence the defacto complainant's husband committed suicide. Hence, the accused committed suicide. 6.Considering the facts and circumstances of the case and also considering the fact that investigation is in premature stage and the petitioner along with other accused said to have induced the deceased to commit suicide, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Hence, this criminal original petition stands dismissed. sd/- 19/04/2021 / 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.

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TO 1 THE INSPECTOR OF POLICE POOVANTHI POLICE STATION, ILANTHANGUDIPPATTI, SIVAGANGAI DISTRICT.

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

Jam/24.04.2021/3p-3c

ORDER

IN CRL OP(MD) No.4791 of 2021 Date :19/04/2021 3/3