Sivasamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/11/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.18046 of 2021
1. Sivasamy
2. Sesuraj ... Petitioners/Accused 1 & 2 Vs State rep.by The Inspector of Police, Vaiyampatti Police Station, Vaiyampatti, Trichy District.
(Crime No.471 of 2021).
... Respondent/Complainant For Petitioners : M/s.Prahalad Ravi.B, Advocate. For Respondent : M/s.SS.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.471 of 2021 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/Accused Nos.1 and 2, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 306 IPC, in Crime No.471 of 2021, seek anticipatory bail. 2.The case of the prosecution is that the petitioners said to have harassed and tortured the defacto complainant's husband and demanding the jewels, which was given to him by the 1st petitioner's wife. On 08.11.2021, the petitioners came to the defacto complainant's house and abused her husband in filthy language thereby, the defacto complainant's husband committed suicide on the same day. Hence, the complaint.
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3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would also submit that the petitioners are not having any previous case. 4.The learned Government Advocate (Criminal Side) appearing for the respondent would submit that there was dispute between the parties with regard to the jewel transaction, due to which, the petitioners abused the defacto complainant's husband in filthy language, due to which, the defacto complainant's husband committed suicide. He would further submit that the investigation is still pending.
5.Considering the seriousness and gravity of the offence alleged by the prosecution and also the fact that the investigation is still pending as stated by the learned Government Advocate (Criminal Side), this Court is not inclined to grant anticipatory bail to the petitioners.
6.Accordingly, this Criminal Original Petition is dismissed. Sd/- 18/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.
das Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1.The Inspector of Police, Vaiyampatti Police Station, Vaiyampatti, Trichy District. Cr.No.471 of 2021.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.18046 of 2021 Date :18/11/2021 SP/jm/SAR iii/25/11/2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/