Sivakumar, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of June Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.6903 of 2017 SIVAKUMAR, ... PETITIONER / ACCUSED No.1 Vs The State represented by THE INSPECTOR OF POLICE, KALAIYARKOVIL POLICE STATION, SIVAGANGAI DISTRICT. (CR.NO.181/2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.J.JEYAKUMARAN Advocate For Respondent : Mr.C.Ramesh, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner herein/1st accused who was arrested and remanded to judicial custody on 19.05.2017 for the alleged offence under Section 174 Cr.P.C subsequently altered into Section 306, 201 and 270 IPC in Crime No.181 of 2017 on the file of the respondent/Police, seeks bail.
2.As per the FIR, one Arokiyamary paramour of this petitioner committed suicide in the house of the petitioner. This petitioner along with his friend has discreetly taken away the body to the village of the defacto complainant and disposed the body near his house and has fled from the place.
3.The defacto complainant who is none other than the sister's husband of the deceased person who has set the law in motion by lodging a complaint to the police on 17.05.2017. Initially, the case was registered under Section 174 Cr.P.C. for suspicious death and later investigation has revealed that this petitioner had illicit affair with deceased person for quite sometime and due to dispute over jewels, quarrel has arisen between the deceased and this petitioner leading to suicide by the said Arokiyamary. 4.The postmortem report has been received wherein, the final opinion is reserved and viscera report is also awaited. When the body was subjected to postmortem on 18.05.2017 it was discolored, distended, disordered and decomposed. Till the viscera report is received, the foul play in the death cannot be ruled out since the https://hcservices.ecourts.gov.in/hcservices/
FIR reveals that some external injuries were found on the body of the deceased person. Therefore, this Court is not inclined to grant bail at this juncture.
Hence, this Criminal Original Petition is dismissed. sd/- 15/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE, KALAIYARKOVIL POLICE STATION, SIVAGANGAI DISTRICT. 2 THE SUPERINTENDENT CENTRAL PRISON, MADURAI 3 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI SM:RR:SAR 3:19.6.2017:2P/4C
ORDER
IN CRL OP(MD) No.6903 of 2017 Date :15/06/2017 https://hcservices.ecourts.gov.in/hcservices/