Criminal Original Petition for bail under Section 439 Cr.P.C. in a case involving abetment of suicide under Section 306 IPC. Petitioner claimed no connection and false implication. Court refused bail citing nature of offense, petitioner's antecedents, and incomplete investigation. Petition dismissed.
Bail application to the petitioner was dismissed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Monday, the Thirteenth day of December Two Thousand Twenty One
PRESENT
The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.24214 of 2021
G.SUNDARAMOORTHY ..PETITIONER/ACCUSED
Vs
THE STATE REP BY ..RESPONDENT
THE SUB INSPECTOR OF POLICE AVALURPETTAI POLICE STATION, MELMALAYANUR TALUK, VILLUPURAM DISTRICT 604 201 (CRIME NO.484/2021)
For Petitioner : M/S C.PALANISAMY Advocate
For Respondent : MR. N.S.SUGANTHAN, Govt. Advocate ( Crl. Side)
PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :-
(The case has been heard through video conference)
The petitioner who was arrested and remanded to judicial custody on 09.11.2021 for the offences under Section 306 of IPC, in Crime No.484 of 2021, on the file of the respondent police, seeks bail.
3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the suicide committed by the deceased and he has been falsely implicated in this case. He would further submit that A3 has been granted anticipatory bail and that the petitioner has been suffering incarceration for more than 30 days from 09.11.2021 and hence, he would pray for grant of bail to the petitioner.
4.The learned Government Advocate (Crl. Side) would raise strong objection stating that on the date of occurrence, there was a wordy quarrel with regard to drawing water from the street tank during which, the petitioner/A2 along with other accused assaulted the daughter of the defactco complainant on the street by pulling her hair. Hence, out of mental stress, she committed suicide by consuming poison and the petitioner herein has got one previous case and that the investigation has not been completed.
-sd/-
13/12/2021
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO
1 THE OFFICER INCHARGE, SUB JAIL, GINGEE
2 THE SUB INSPECTOR OF POLICE AVALURPETTAI POLICE STATION, MELMALAYANUR TALUK, VILLUPURAM DISTRICT.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S C.PALANISAMY Advocate on payment of necessary charges
RVR 20/12/2021
3 issues framed by the court
Whether bail should be granted to a person arrested for abetment of suicide under Section 306 IPC who has prior antecedents and is facing an incomplete investigation.
Whether the petitioner who was remanded to judicial custody is entitled to bail in a case involving abetment of suicide.
Whether the antecedents of the accused and the nature of the offense justify refusing bail.
2 provisions across 2 enactments
G.SUNDARAMOORTHY
THE STATE
T.V. THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
