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Madras High CourtCRL OP(MD)/20731/2022dismissed

Balasubramanian v. The Inspector Of Police

2022-11-25Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.20731 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.20731 of 2022 Balasubramanian ... Petitioner/Accused No.1 Vs The State Rep. By, The Inspector of Police, Ambasamdram Police Station, Tirunelveli District.

Crime No.118 of 2022.

... Respondent/Complainant For Petitioner : M/s.Sathya Chidambaram S, 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.118 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offence under Section 306 IPC in Crime No.118 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that de-facto complainant is the father of the deceased. The petitioner is the husband of the deceased and they are having two children. Since the petitioner is having illicit intimacy with A2 and also married her, the deceased committed suicide as consumed poison.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. Hence, he prays for anticipatory bail.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.20731 of 2022 4.The learned Government Advocate (Crl. side) would submit there are two accused involved in this case and the petitioner is arrayed as A1 and he is the husband of the deceased. Since the petitioner is having illicit intimacy with A2 and also married her, the deceased committed suicide as consumed poison. The investigation is in preliminary stage. Hence, he prayed for dismissal of this petition.

5.Considering the gravity and nature of the offence and also considering the fact that the investigation is in preliminary stage, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 25/11/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE, AMBASAMDRAM POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.20731 of 2022 Date :25/11/2022 sji USK/VR/SAR-I/02.12.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2