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Madras High CourtCRL OP(MD)/13352/2023dismissed

Kombaiah @ Selvakumar v. The Inspector Of Police

2023-07-21Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Kombaiah @ Selvakumar ... Petitioner/Sole Accused Vs State, represented by The Inspector of Police, Manur Police Station, Tirunelveli District.

(Crime No.299 of 2023) ... Respondent/Complainant For Petitioner : Mr.M.Prabu, Advocate.

For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.299 of 2023 on the file of the respondent Police ORDER : The Court made the following order :- 1/4

The petitioner/ sole accused herein, who was arrested on 21.06.2023 for the alleged offence under Section 306 IPC, in Crime No.299 of 2023 on the file of the respondent Police, seek bail.

2. The case of the prosecution is that the deceased is the wife of the defacto complainant. Already, property dispute existed between the defacto complainant and the petitioner. Due to the above said dispute, whenever the defacto complainant was coming out from his house, the petitioner with bad intention, stood in naked condition in the public place, attempted to molest the deceased and the same was reported to the Panchayatars, but the petitioner continues his attitude and so unable to tolerate the same, the deceased committed suicide in her house. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent person and is no way connected in this case. 4.The learned Additional Public Prosecutor submitted that the petitioner is having no previous case at his credit.

5. Reading of the First Information Report shows that the deceased has committed suicide, because she unable to tolerate the misbehaviour on the part of the petitioner.

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6. Considering the facts and circumstances of this case and considering the manner, in which the offence said to have committed by the petitioner, this Court is not inclined to grant bail to the petitioner. The petitioner has to under custody for more than 30 days. Hence, this petition deserves dismissal and accordingly dismissed.

sd/- 21/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE INSPECTOR OF POLICE,MANUR POLICE STATION, TIRUNELVELI DISTRICT.

2 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI.

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

ORDER

IN CRL OP(MD) No.13352 of 2023 Date :21/07/2023 PKP/DD/SAR- /05.08.2023/ 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/4

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