R.Thangammal v. The Inspector Of Police

CRL OP(MD). No.9543 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.9543 of 2023 R.Thangammal, ... Petitioner/Accused Rank Not Known Vs State Rep.by The Inspector of Police, Sellur Police Station Madurai Town Madurai in Crime No.443/2023.

... Respondent/Complainant For Petitioner : M/s.Sevuga Raja.R, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.443/2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused who apprehends arrest at the hands of the respondent police for the offences punishable under sections 306 of IPC r/w.section 9 of TNLE Act in Crime No. 443 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant lodged complaint that her daughther namely Premalatha had informed her that there are more debts in her family resulting she and her husband jointly committed suicide on 25.04.2023 by hanging, hence the case.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.9543 of 2023

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

4. The learned counsel for the petitioner would submit that the petitioner had no specific overt act and even according to the case of prosecution though the police had made house search nothing was recovered from the house of the petitioner such as any note book to show that there was money transactions between the petitioner and the deceased, therefore custodial interrogation of the petitioner does not required in this case, hence he seeks bail.

5. It is seen that there are three accused in this case and the petitioner herein is arrayed as A3. Further it is seen that the petitioner and two others had lent money to the deceased for exorbitant interest. The accused persons charged huge interest Even after payment of principal amount. The petitioner along with two others went to the house of the deceased, scolded him in filthy language and there was eye witnesses to show that the accused persons have scolded the deceased. Further they only instigated/abetted the deceased to commit suicide and they committed suicide in front of their two minor kids. A1 and A2 in this case were arrested and remanded to judicial custody and custodial interrogation of the petitioner is very much required in this case, hence this Court is not inclined to grant anticipatory bail to the petitioner.

6. In the result, the petition stands dismissed. sd/- 01/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE INSPECTOR OF POLICE SELLUR POLICE STATION MADURAI TOWN MADURAI THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.9543 of 2023 Date :01/06/2023 PKP/CG/SAR- /02.06.2023/ 2P/3C https://www.mhc.tn.gov.in/judis 2/2