Kevinkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Second day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI KEVINKUMAR ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE INSPECTOR OF POLICE SRIVILLIPUTHUR TOWN POLICE STATION, VIRUDHUNAGAR, CR.NO.364/2023 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.SUSI KUMAR.C Advocate For Respondent : Mr.SS.MADHAVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:

FOR ANTICIPATORY BAIL INCR.NO.364/2023 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 alleged offence under Section 174 of I.P.C., subsequently altered into Section 306 of I.P.C. in Crime No.364 of 2023, seeks anticipatory bail. 1/4

2. The case of the prosecution is that the defacto complainant's younger daughter committed suicide by hanging in her house. The defacto complainant took the deceased to the Hospital and the Doctor declared as "Dead". Hence, the defacto complainant made a complaint before the respondent Police and the respondent Police registered a case against the petitioner herein.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. The learned counsel further submit that the petitioner and the defacto complainant's daughter are lovers and they wanted to perform their marriage. But the defacto complainant refused to marry his daughter with the petitioner herein and the defacto complainant warned the deceased. Based on that only, the defacto complainant's daughter committed suicide. He would further submit that he has been falsely implicated in this case. Hence, he prays for anticipatory bail.

4. The learned Government Advocate (Criminal Side) appearing for the respondent Police would submit that the petitioner had love affair with the defacto complainant's daughter. He would further submit that the investigation is going on. He has also produced a copy of the suicide note of the deceased before this Court. He vehemently opposed for grant of anticipatory bail to the petitioner herein. 2/4

5. It is seen from the suicide note that the cause for the death of the deceased is mentioned as Geetha and Michael's third son Kevin Kumar / the petitioner herein. The petitioner herein refused to marry the deceased and due to which, the deceased committed suicide.

6. Considering the facts and circumstances of the case and also considering the fact that the cause for the death of the deceased person is the petitioner herein, this Court is not inclined to grant anticipatory bail to the petitioner herein.

7. In view of the above, the Criminal Original Petition stands dismissed. sd/- 02/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE INSPECTOR OF POLICE SRIVILLIPUTHUR TOWN POLICE STATION, VIRUDHUNAGAR 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1 CC to M/s.S.MEENA, Advocate ( SR-28[I] dated 02/01/2024 )

ORDER

IN Date :02/01/2024 SS/DD/SAR- /11/01/2024/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4