Madras High CourtCRL OP(MD)/16207/2018withdrawn dismissed

K.Arumugasamy v. The Inspector Of Police

2018-09-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eleventh day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16207 of 2018 K.ARUMUGASAMY ... PETITIONER/ SOLE ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE VACHAKARAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

(Crime No. 144/2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.R.PON KARTHIKEYAN Advocate For Respondent : MRS. M. ANANTHA DEVI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Section 174 Cr.P.C. altered to 306 IPC, in Crime No.144 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that the deceased namely, Kaviya married to one Moorthi of Sivakasi. Subsequently, they got divorce. Thereafter, it was averred that the marriage between the deceased and the petitioner was solemnized in the month of January, 2018.

Already, the petitioner was a divorcee and begotten two children through his first marriage and the children are in the custody of the petitioner. On 07.04.2018 the deceased went to her mother's house and on 08.04.2018 the deceased informed her mother that the petitioner is frequently scolding her not to put television and fan. On 08.04.2018, the deceased poured kerosene and set herself ablaze and committed suicide. The deceased was rescued by her mother and admitted in the hospital. But during the treatment, the deceased was succumbed to the burn injuries and died on 09.04.2018. Hence, the complaint.

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3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent. He did not commit any offence as alleged by the prosecution. Hence, he prays for anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would vehemently oppose the grant of anticipatory bail to the petitioner.

5.Considering the nature of allegations made against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. In this circumstances, the learned counsel appearing for the petitioner seeks permission of this Court to withdraw the Criminal Original Petition. He has also made an endorsement to that effect. Accordingly, this Criminal Original Petition is dismissed as withdrawn.

sd/- 11/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE VACHAKARAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.16207 of 2018 Date :11/09/2018 MSI/RR/SAR-IV/18.09.2018-2P/3C https://hcservices.ecourts.gov.in/hcservices/