Karan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated: 07/07/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.12017 of 2022 Karan : Petitioner/Accused Vs.

State through The Inspector of Police, Boiler Plant Police Station, Trichy District, (Crime No.10 of 2022) : Respondent/Complainant For Petitioner : Mr.R.Alagumani For Respondent : Mr.B.Thanga Aravindh Government Advocate (Criminal side) PETITION FOR BAIL under Sec.439 of Cr.P.C PRAYER :- C-8B.For Bail in Crime No.10 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order:- The petitioner, who is arrayed as sole accused was arrested, on 23/05/2022 and remanded to judicial custody for the alleged offences punishable under sections 354-D, 328, 307 and 34 of IPC, in Crime No.10 of 2022, seeks bail.

2.The de-facto complainant is the mother of the deceased. She lodged a complaint stating that the deceased Vidhya Lakhshmi was studying in Holy Cross College by staying in her grand mother's house. On 13/05/2022, she was intimated that the deceased was sick. So, she was taken to the hospital. Because of her health condition, she was shifted to Bell Hospital, Trichy and later, she was discharged. But again complained stomach pain, she was again admitted in the hospital, on 07/05/2022. At that time, after discharge, it was found that she was affected by Jaundice and she was admitted in the Kavery Hospital at about 8.00 am. On enquiry, the deceased informed that one year prior to the occurrence, some unknown persons followed her and started saying that he is loving her. But she was not willing to continue to contact. But, on 12/05/2022 at about 6.00 pm, some

unknown persons were forcibly administered some liquid. On 13/05/2022, she was admitted in the hospital, because of the above said occurrence. So, based upon the statement, the case was registered. Later, she died in the hospital, it was altered to 306 IPC.

3.Perusal of the CD file shows that the Inspector of Police took up the investigation process and given an opinion that there was no administering of poison forcibly by unknown persons. But she was in love with this petitioner. At that time, she was found talking with some other person. That was not liked by this petitioner, she was warned about this sort of contact, over which both of them picked up quarrel. On the particular date, this petitioner alleged to have scolded the deceased stating that since she is having talk with the above said Akilash, can take poison and die, over which the deceased alleged to have taken poison called rat poison. So it was subsequently altered to 306 IPC. The petitioner was arrested on 23/05/2022 and ever-since, he is in custody.

4.Seeking bail on the ground that absolutely, there is no intention on the part of the petitioner to abet the deceased to commit suicide. When this petitioner was warned the deceased about the frequent talk with other person called 'Akilash', he has warned her. Except that he has no overtact.

5.Reading of the entire CD file shows that trouble has arisen between the deceased and the petitioner over the above said issue, thereby scolding and abusing the deceased.

Whether this petitioner created a circumstances, which drove the deceased to commit suicide, is a mater for investigation.

6.Investigation also reveals that the deceased was searching for rat poison through Internet. Materials have also collected from the Internet search history. 7.Considering the fact that most of the investigation is also over and no bad antecedent is also reported against this petitioner, this court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on

bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.VI, Tiruchirappalli and on further condition that the petitioner shall report before the respondent police daily at 10.30 am until further orders. 07/07/2022 Index:Yes/No Internet:Yes/No er To, 1.The Inspector of Police, Boiler Plant Police Station, Trichy District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3.The Central Prison, Trichy.

G.ILANGOVAN,J er Crl.OP(MD)No.12017 of 2022 07/07/2022