Vignesh v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Vignesh, ... Petitioner/Sole Accused

Vs The Inspector of Police, Kumbakonam Taluk Police Station, Thanjavur District. Crime No.187 of 2022. ... Respondent/Complainant For Petitioner : M/s.KARUNAKARAN K.M.,

Advocate. For Respondent : Mr.B.NAMBISELVAN,

Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.187 of 2022 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 174(3) of IPC @ 306 IPC in Crime No.187 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the victim, namely, Gayathiri, who is aged about 28 years, had developed love with one Vignesh, a married and having children. Thereafter, the defacto complainant advised the victim not to continue his relationship. But she did not accede to her advice. Therefore, the defacto complainant made a complaint to the all women police station, Kumbakonam. During the enquiry, the victim girl stated that she is willing to go with the petitioner/accused only. Thereafter, the defacto complainant came to know that her daughter blessed with male child and resided at Chennai and thereafter, her daughter shifted to Korannatu Karuppur Village and resided there in the complex building. During the course of living with the accused Vignesh, there was dispute between them, in that, the accused scolded her and the victim girl consumed rat paste, immediately, she was taken to the Government Hospital, Kumbakonam by the neighbours. Thereafter, the de-facto complainant was informed that her daughter attempted to commit suicide and she was admitted in the hospital. Based upon the above said information the defacto complainant went to the hospital and saw the victim girl, who told him that she consumed poison due to the dispute with the accused.

3.The earlier application filed by the petitioner was dismissed by this Court by observing as follows: "It is seen from the dying declaration of the deceased revealed that the petitioner already a married person. Thereafter, he fell in love with the victim and he had physical relationship with her. He also assured that he will marry her. Due to their relationship, she got pregnant and informed to the petitioner. Immediately, the petitioner directed the victim to abort her pregnancy. When she refused, the petitioner failed to maintain her and he suspected her fertility and stated that he was not the reason for her pregnancy and he also threatened her with dire consequences and scolded that he want to prove the same by DNA test. Therefore, the victim was continuously humiliated by the petitioner and she committed suicide by consuming rat poison. Therefore, on the instigation of the petitioner only, the victim had committed suicide by consuming rat poison. Therefore, the custodial interrogation of the petitioner is very much necessary in this case. Hence, this Court is not inclined to grant anticipatory bail to the petitioner."

4.Repeating the same ground, this petition has been filed by the petitioner.

5.Considering the above said facts and circumstances of the case and considering the grievousness of the offence, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition stands dismissed.

sd/-

26/09/2023

/ TRUE COPY /

/11/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. TM TO 1 THE INSPECTOR OF POLICE, KUMBAKONAM TALUK POLICE STATION, THANJAVUR DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.16712 of 2023 Date :26/09/2023 SA/DD/SAR. /16.11.2023/4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.