Ayyapan v. The Inspector Of Police

CRL OP(MD). No.20490 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.20490 of 2022 Ayyapan ... Petitioner/Accused No.1 Vs The State rep.by The Inspector of Police, Manur Police Station, Tirunelveli District.

Crime No.409 of 2022.

... Respondent/Complainant For Petitioner : M/s.Anand K, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.409 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/1st Accused, who was arrested and remanded to judicial custody on 30.10.2022 for the offences punishable under Sections 174(3) r/w 306 of IPC, in Crime No.409 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant's daughter namely Muthulakshmi got married with the petitioner in the year 2020. They had no issue. Hence, they quarreled between them. On 28.10.2022, the defacto complainant's daughter was dropped by her husband for the same issue. After two days, parents of deceased went to the house of the petitioner for compromise, but the petitioner and his parents were not in house. When the deceased's parents returned to the house, they found that their daughter committed suicide. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is the husband of the deceased and he did not harass the deceased and there is no dispute between them. Before two days from the occurrence, he brought her to the house of the defacto https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.20490 of 2022 complainant, where she committed suicide. He would further submit that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. Further, the petitioner is in judicial custody from 30.10.2022. Hence, he may be granted bail. 4.The learned Additional Public Prosecutor appearing for the respondent police would submit that since the petitioner and other accused harassed the deceased, she committed suicide by way of hanging in the house of her parents. The offence is grave in nature. He would further submit that investigation is going on and RDO enquiry is not yet completed. Hence, he strongly opposed for grant of bail to the petitioner.

5.Considering the facts and circumstances of the case and considering the fact that the offence committed by the petitioner is grave in nature and also the facts that investigation is still pending, RDO enquiry is not yet completed and custodial interrogation of the petitioner is very much necessary, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original Petition is closed. sd/- 18/11/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

2 THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI.

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

ORDER IN CRL OP(MD) No.20490 of 2022 Date :18/11/2022 CP SA/SSS/SAR.2/05.12.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2