Vignesh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Vignesh, ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Kumbakonam Taluk Police Station, Thanjavur District.
(Crime No.187/2022).
... Respondent/Complainant For Petitioner : MR.S.Vinayak,Advocate.
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.187/2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 174(3) of IPC @ 306 IPC in Crime No.187 of 2022 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the victim, namely, Gayathiri, who is aged about 28 years, had developed love with one Vignesh, who got married and having children. Thereafter, the defacto complainant advised the victim not to continues with his relationship, but she did not accede her advice. Therefore, the defacto complainant made a complaint to the all women police station, Kumbakonam. During the enquiry, the victim girl stated that she willing to go with the petitioner/accused only. Thereafter, the defacto complainant came to know that her daughter blessed with male 1/3
child and resided at Chennai and thereafter, her daughter shifted to Korannatu Karuppur Village and resided there in the complex building. During the course of living with the accused Vignesh, there was a dispute between them, in which, the accused scolded her and thereafter, the victim girl has consumed rate paste and immediately, she was taken to the Government Hospital, Kumbakonam by the neighbour and thereafter, the de-facto complainant was informed about the attempt of suicide of her daughter and the same was admitted in the hospital. Based on the said information, the defacto complainant went to the hospital, where the victim girl told her that she was consumed poison due to the dispute with the accused.
3.Heard. Perused the materials available on record including the First Information Report.
4.It is seen from the dying declaration of the deceased revealed that the petitioner already a married person. Thereafter, he fell in love with the victim and he had physical relationship with her. He also assured that he will marry her. Due to their relationship, she got pregnant and informed to the petitioner. Immediately, the petitioner directed the victim to abort her pregnancy. When she refused, the petitioner failed to maintain her and he suspected her fertility and stated that he was not the reason for her pregnancy and he also threatened her with dire consequences and scolded that he want to prove the same by DNA test. Therefore, the victim was continuously humiliated by the petitioner and she committed suicide by consuming rat poison.
Therefore, on the instigation of the petitioner only, the victim had committed suicide by consuming rat poison. Therefore, the custodial interrogation of the petitioner is very much necessary in this case. Hence, this Court is not inclined to grant anticipatory bail to the petitioner. 5.Accordingly, this Criminal Original Petition stands dismissed.
sd/- 20/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
SJI TO 1 THE INSPECTOR OF POLICE KUMBAKONAM TALUK POLICE STATION, THANJAVUR DISTRICT.
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THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.7330 of 2023 Date :20/04/2023 PKP/BUC/SAR-4/27.04.2023/ 3P/3C 3/3