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Madras High CourtCRL OP(MD)/10593/2020dismissed

Siva @ Subbiah v. The Inspector Of Police

2020-10-06Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.10593 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/10/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.10593 of 2020 Siva @ Subbiah ... Petitioner/Accused No.1 Vs The State rep. by The Inspector of Police, Thirumayam Police Station, Pudhukottai District.

(Crime No. 367 of 2020). ... Respondent/Complainant For Petitioner : Mr.A.Arunprasad, Advocate.

For Respondent : Mrs.M.Anandha Devi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 367 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner, who is arrayed as A1, apprehending arrest at the hands of the respondent Police for the offence punishable under Sections 143, 176, 201 and 306 of IPC, in Crime No.367 of 2020 on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner herein is the husband of the deceased. The allegation is that the deceased and the petitioner got married and both are living happily.

Thereafter, the petitioner had illicit intimacy with another lady and the same was questioned by the deceased, due to which, there was a wordy quarrel between them on 19.08.2020, in which, the father of the deceased and relatives went to the house of the petitioner and there was a compromise between the parties and he has also advised the deceased. Thereafter, in the midnight on 19.08.2020, the deceased said to have committed suicide. Based on the complainant given by her mother, the case has been registered.

3.The learned counsel for the petitioner would submit that the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.10593 of 2020 petitioner herein is the husband of the deceased. He further submitted that after the marriage, the petitioner went to abroad, after he retuned back to India, the deceased suspected the petitioner, due to which, there was a frequent quarrel between them, which was compromised by the mother of the deceased. Subsequently, she committed suicide on her own.

4.The learned Government Advocate (Criminal Side) appearing for the State would submit that the petitioner herein is the husband of the deceased and all other accused said to have harassed the deceased and hence she committed suicide. He would also submit that co-accused in this case were granted anticipatory bail by this Court.

5.Considering the facts and circumstances of the case and also considering the fact that the main allegations are levelled against A1, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this criminal original petition is dismissed. sd/- 06/10/2020 / TRUE COPY / / /2020 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 INSPECTOR OF POLICE, THIRUMAYAM POLICE STATION, PUDHUKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.10593 of 2020 Date :06/10/2020 VSG SRS/ AKM/SAR-II/ 14.10.2020/ 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2