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Madras High CourtCRL OP(MD)/15483/2023dismissed

Rajeshkumar v. The Inspector Of Police

2023-09-05Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Rajeshkumar ... Petitioner/Accused No.3 Vs State Rep.by The Inspector of Police, Maraneri Police Station, Virudhunagar District.

Crime No.105 of 2023.

... Respondent/Complainant For Petitioner :

M/s.S.Veerapandi Selvaraj, 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.105 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.1 herein, who was arrested on 22.07.2023 for the alleged offence punishable under Sections 306 and 304(B) of IPC, in Crime No.105 of 2023 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant is the father of the 1/3

deceased. The deceased and the first accused are husband and wife. At the instigation of the other accused persons, the first accused harassed the deceased verbally and physically demanding money. On the date of occurrence the deceased herself hung in the fan in her matrimonial home. On suspicion over the death of his daughter the present complaint has been lodged.

3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has not commit any offence as alleged by the prosecution. 4.The learned Additional Public Prosecutor for the respondent police submitted that initially the FIR was registered under Section 174 of Cr.P.C. and later on enquiry it was altered into Sections 306 and 304(B) of IPC. 5.It appears that because of the drunken mood of the first accused trouble arose between the husband and wife. There was love affair between them. After their marriage child was also born to them. The petitioner was warned by the deceased several times. In spite of that he did not change his activity. On the particular date, the deceased was severely assaulted by this petitioner. Due to which, she committed suicide.

6.Considering the above said attitude of the petitioner and the gravity of the offence, this Court is not inclined to grant bail to the petitioner. 2/3

7. Accordingly, this criminal original petition stands dismissed. sd/- 05/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE INSPECTOR OF POLICE, MARANERI POLICE STATION, VIRUDHUNAGAR DISTRICT.

2 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.15483 of 2023 Date :05/09/2023 RS/JGB/SAR-(12.09.2023) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3