Vanniyamoorthi v. The Sub Inspector Of Police

CRL OP(MD)No.9321 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD)No.9321 of 2021 S.Vanniyamoorthi ... Petitioner/Accused No.1 Vs The State rep.by The Sub Inspector of Police, Karuppayoorani Police Station, Madurai District.

Crime No. 158 of 2021. ... Respondent/Complainant For Petitioner : MR.G.KALEESWARAN, Advocate.

For Respondent : MR.M.MUTHUMANIKKAM, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No. 158 of 2021 on the file of the respondent police ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 307 IPC in Crime No.158 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant's husband is Moorthi and she has two daughters. Two months back her husband Moorthy and his father Duraipandi tested positive for corona virus and her husband's father died. One Vanniyamoorthy, who is the cousin brother of her husband, was helping her husband in his centring contract work.

The said Vanniyamoorthy used to say to the defacto complainant that if she married him, they would have led happy life. The defacto complainant thought that he was just kidding. However, he continued to say like this. The defacto complainant told him that she is already married and has two daughters. On 27.06.2021, at about 07.45 pm., the defacto complainant along with her husband travelling near Pandiyankottai, the accused and some other persons came there and stopped their two wheeler. Vanniyamoorthi demanded Rs.100/- from her husband and he also gave Rs.100/- to him. Vanniyamoorthi took knife and stabbed on the neck of her husband and stated that since he is alive, the https://hcservices.ecourts.gov.

CRL OP(MD)No.9321 of 2021 defacto complainant refused to come with him. Another person also stabbed her husband with the same knife. When she tried to intervene, she also suffered injureis. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

4.The learned Government Advocate(Crl.side) appearing for the respondent police opposed this petition on the ground that investigation is not completed.

5.Reading of FIR shows that the petitioner with an intention to have extra-marital affair with the defacto complainant and tried to flirt with her and she has not accepted his proposal. Believing that because of her husband, she is refusing to come with him, he attempted to commit murder of her husband. This is very serious offence. This case was registered only on 27.06.2021 and investigation is in preliminary stage. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed. sd/- 14/07/2021 / 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.

TO

1. THE SUB INSPECTOR OF POLICE KARUPPAYOORANI POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.9321 of 2021 Date :14/07/2021 SA/SRS/SAR.1/19.07.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2