CRL OP(MD)/18018/2017 of LAKSHMANAN Vs THE INSPECTOR OF POLICE on 28 December 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Eighth day of December Two Thousand SeventeenPRESENT

The Hon`ble Mr Justice S.VAIDYANATHAN

CRL OP(MD) No.18018 of 2017

LAKSHMANAN

... PETITIONER / ACCUSED NO.1

Vs

THE STATE REP.BY,THE INSPECTOR OF POLICE SOOLAKARAI POLICE STATION, VIRUDHUNAGAR DISTRICT. CRIME NO.525/2017 ... RESPONDENT / COMPLAINANT

For Petitioner : M/S.G.MARIMUTHU Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police forthe alleged offence punishable under Section 309 r/w 109 I.P.C.altered into 306 IPC in Crime No.525 of 2017 on the file of therespondent police, the petitioner has come forward with thispetition seeking anticipatory bail.

2.Heard the learned counsel for the petitioner and thelearned Government Advocate (Crl.Side) appearing for the respondentpolice.

3. The case of the prosecution is that the petitioner alongwith other accused tortured the defacto complainant's husband, dueto which he committed suicide by consuming poison.

4. Learned counsel for the petitioner has submitted that thepetitioner is innocent and has not committed any such offence asalleged by the prosecution and A2 to A4 were granted anticipatorybail by this Court.

5. Learned Government Advocate (Crl.Side) would submit thatbefore consuming poison the deceased has left a suicide note thatthe petitioner is responsible for his death and the earlieranticipatory bail application filed by the petitioner was dismissedhttps://hcservices.ecourts.gov.in/hcservices/only on 15.12.2017 and there is no change of circumstances for thepetitioner to file this petition.

6. Though A2 to A4 were already granted anticipatory bail bythis Court, taking note of the fact that serious allegations havebeen made against the petitioner and the the earlier anticipatorybail application filed by the petitioner was dismissed only on15.12.2017 and there is no change of circumstances for thepetitioner to file this petition, this Court is of the view thatcustodial interrogation of the petitioner is necessary in this caseand therefore, this Court is not inclined to grant anticipatory bailto him.

7. Accordingly, this Criminal Original Petition is dismissed.

sd/-

28/12/2017

/ TRUE COPY /

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

TO

1 THE INSPECTOR OF POLICE, SOOLAKARAI POLICE STATION, SOOLAKARAI POLICE STATION, VIRUDHUNAGAR DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.