BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of September Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.11671 of 2011 1. A. SELVA PERUMAL 2. A. ANNAMALAI ... PETITIONERS/ ACCUSED 3 & 4 Vs THE INSPECTOR OF POLICE SUTHAMALLI POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.267/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. P.NATARAJAN Advocate For Respondent : A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR,( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused Nos.3 & 4 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 306 IPC in Crime No.267 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2. The learned counsel for the petitioners submits that a false case has been registered against the petitioners under Section 306 IPC on the death of Meenakumari who is the Second wife of the first accused and the case has been registered on 17.08.2011 against four persons who are all brothers and the first accused is the husband of the deceased. The de- facto complainant is a daughter of A1 through his first wife and she died in the year 1992 and A1 got married the deceased as his second wife due to lawful wedlock, one male child is born is aged 10 years. On 13.08.2011 there was a wordy quarrel and at that time, the de-facto complainant assaulted A1 and he sustained injury and the deceased committed suicide only on 17.08.2011 and A1 and A2 already arrested and remanded to judicial custody and the petitioners/A3 and A4 are apprehending arrest and hence he prays for anticipatory bail. 3. The learned Additional Public Prosecutor (Crl.Side) refuting the same, submits that on 13.08.2011, A1 to A4 visited the deceased's house and suspected her fidelity at that time A1 spitted on face of the deceased and instigated her to commit suicide and hence she committed suicide on 17.08.2011. As per the version of de-facto complainant, the deceased handed over the jewels and money to her and directed her to handover the same to her maternal grandfather. The de-facto complainant after handing over the same and returned to the house came to house that the deceased has committed suicide. Then only, the case has been registered against four persons. A1 and A2 are arrested and remanded to judicial custody, A3 and A4 are yet to be arrested and the investigation is in earlier stage and hence he prays for dismissal of the petition. 4. Considering the rival submissions made on both sides it is clear that the de-facto complainant is none other than the daughter of A1 born through his first wife, the first wife died during the time of delivery https://hcservices.ecourts.gov.in/hcservices/ in the year 1992. After that A1 has got married the deceased who is none other than the sister of the first wife and due to wedlock, a male child is born aged about 10 years and admittedly, there is a wordy quarrel between the deceased and the A1 to A4 on 13.08.2011. As per the version of the de-facto complainant, on that date, A1 suspected the fidelity and instigated the accused to commit suicide. She has given jewels and cash to the de-facto complainant with a direction to hand over the same to her maternal parents and after she returned to her step mother, she came to know her step mother committed suicide. Then only, a complaint is given and the case has been registered only on 17.08.2011 and the investigation is in earlier stage and the petitioners are needed for custodial interrogation and hence, the petition for anticipatory bail is dismissed. sd/- 06/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE INSPECTOR OF POLICE SUTHAMALLI POLICE STATION, TIRUNELVELI DISTRICT, 2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. P.NATARAJAN Advocate SR.No.30264 GH : 12.06.2011 : 2P/4C ORDER IN CRL OP(MD) No.11671 of 2011 Date :06/09/2011 https://hcservices.ecourts.gov.in/hcservices/