Avvaiyar v. The Inspector Of Police

CRL OP(MD). No.6639 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.6639 of 2023 Avvaiyar, ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Murappanadu Police Station, Thoothukudi District.

Crime No.35 of 2023..

... Respondent/Complainant For Petitioner : M/s.Jeyakarthik M.S., Advocate. For Intervenor : M/s.P.Ganapathi Subramanian, Advocate For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.35 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner /sole accused who was arrested and remanded to judicial custody on 28.03.2023 for the offences under sections 174 of Cr.P.C @ 306 of IPC in Crime No.35 of 2023 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the accused is the ward member of 2nd ward, Pasumpon Nagar and she has asked the villagers to give Rs.3000/- for arranging free patta, for which some of the villagers has given Rs.3000/- In these circumstances, the said villagers who gave money to the accused asked the accused to return back their money. Therefore the accused thought that the said Petchiammal wrongly said to the Villagers as against her, hence https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.6639 of 2023 they asked repayment. Therefore the accused abused Petchiammal using filthy language, hence on 07.03.2023 she committed suicide by consuming pesticide and pressure pills, hence the case.

3. Heard both sides and perused the materials available on record including the First Information Report.

4. It is seen that initially First Information Report was registered for the offence under section 174 of Cr.P.C and subsequently altered to section 306 of IPC. Suicidal note also produced before this court by the respondent which reveals that only because of the abusive words used by the petitioner against the deceased, the deceased committed suicide. That apart the petitioner used to collect Rs.3000/- per head to allot three cents in their favour and issue patta. The petitioner also demanded Rs.3000/- from the deceased but she refused to give money, therefore the petitioner used to scold her in filthy language as such she got humiliated and committed suicide. Further the petitioner was arrested only on 28.03.2023 hence this Court is not inclined to grant bail to the petitioner.

5. In the result, the petition stands dismissed. sd/- 11/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE OFFICER INCHARGE SUB JAIL, KOKKORAKULAM, TIRUNELVELI.

2 THE INSPECTOR OF POLICE MURAPPANADU POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6639 of 2023 Date :11/04/2023 PKP/CG/SAR-4/17.04.2023/ 2P/4C https://www.mhc.tn.gov.in/judis 2/2