MANIKANDAN V. Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 4/6/2022 for the offence punishable under Ss. 294(b), 323 and 306 of IPC and 4(B)2 of Women Harassment Act in crime No.180 of 2022 on the file of the respondent police, seeks bail.

(2.) On 29/4/2022 at 6.00 p.m., the petitioner and the deceased had a quarrel, at that time the petitioner assaulted her and dashed her head on the house wall and while on the way to the hospital in the petitioner's vehicle, again they quarrelled and met with accident, due to which she sustained head injuries and thereafter, she was taken to CMC Hospital, from there she was shifted to Apollo Hospital, Vangaram and then to Government Rajin Gandhi Hospital, Chennai. Hence, the case.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner had quarrel with his wife and assaulted her. Therefore, she sustained injury. Immediately, she was taken to hospital by the petitioner and had given treatment. After discharging her wife, she was taken by the petitioner in his two wheeler along with one year old baby. Unfortunately, he applied sudden break due to passer-by and the deceased fell down and sustained head injury and died. Therefore, no offence is made out under Sec. 306 of IPC as alleged by the prosecution as if the deceased while riding in a motorcyle, she herself jumped from the motorcycle and committed suicide.