S.Rajkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/12/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.18914 of 2021 S.Rajkumar ... Petitioner/Accused Vs State rep.by The Inspector of Police, Sivagiri Police Station, Tenkasi District.

(Crime No.470 of 2021).

... Respondent/Complainant For Petitioner : M/s.Beema Rao, Advocate.

For Respondent : M/s.S.S.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.470 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 306 IPC, in Crime No. 470 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that there was matrimonial dispute between the petitioner and his wife from the year 2014 and the petitioner had filed HMOP for divorce. On 30.09.2021, at 7.45hours, the wife of the petitioner consumed poison and without responding to the treatment, she had died on the same day evening. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and not committed any offence as alleged by the prosecution. He would further submit that a false case has been https://hcservices.ecourts.gov.in/hcservices/

foisted against the petitioner. Hence, he seeks for anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) would submit that the case was registered against the petitioner, based on the complaint given by his son; that there was matrimonial dispute between the petitioner and his wife and that the petitioner had abetted the victim to commit suicide.

5.Considering the seriousness and gravity of offence alleged against the petitioner and also the fact that the investigation is not yet completed, as stated by the learned Government Advocate (Crl.Side), this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

Sd/- 01/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM 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, SIVAGIRI POLICE STATION, TENKASI DISTRICT.

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

ORDER

IN CRL OP(MD) No.18914 of 2021 Date :01/12/2021 SP/JM/SAR III/07/12/2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/