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Madras High CourtCRL OP(MD)/16663/2022dismissed

Asai v. The Inspector Of Police

2022-09-23Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.16663 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.16663 of 2022

1. Asai

2. Managayarkarasi

3. Backiyam

4. Dhanam @ Dhanalakshmi

5. Gopika ... Petitioners/Accused Nos. 2 to 6 Vs State Rep.by The Inspector of Police, Natham Police Station, Dindigul District (Crime No. 308 of 2022).

... Respondent/Complainant For Petitioners : Mr.V.Kathirvelu,Senior Counsel for Mr.S.Ragaventhre, Advocate For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 308 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 174(3) Cr.P.C @ 306 IPC, in Crime No.308 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the first accused and the defacto complainant's daughter/deceased are husband and wife and https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.16663 of 2022 they are not having any child, over which, dispute arose between them. Since all the accused persons harassed the deceased, she committed suicide. Hence, the complaint.

3. On the side of the petitioners, it is stated that the first accused was arrested and he is in judicial custody. The petitioners herein are the in-laws of the deceased and noway connected with the occurrence. No specific overt act against the petitioners. The third petitioner is aged about 77 years. Hence, prays to release them on anticipatory bail.

4. On the side of prosecution, it is stated that the petitioners are the in-laws of the deceased and the first accused/husband was arrested and remanded in judicial custody. The deceased committed suicide due to the harassment of the accused persons. In this case, the viscera report is not yet received and RDO enquiry is also not completed. The investigation also in the preliminary stage. Hence, prays to dismiss the petition. 5.Considering the facts and circumstances of the case and the gravity of the offence, the overt act attributed against the petitioners, the nascent stage of investigation and also considering the fact that the Viscera report is yet to be received and that the proceedings of the RDO is also not completed, this Court is not inclined to grant anticipatory bail to them.

6. Accordingly, this Criminal Original Petition stands dismissed.

sd/- 23/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE NATHAM POLICE STATION, DINDIGUL DISTRICT.

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

+1 CC to M/s.M/S. RAGAVENTHRE S, Advocate (SR-10467[I] dated 23/09/2022 )

ORDER

IN CRL OP(MD) No.16663 of 2022 Date :23/09/2022 pnm PKP/GB/SAR-1/29.09.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2