A.SAMUNDEESWARI Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 6/11/2022 for the alleged offence under Ss. 174 Cr.P.C. altered into Sec.306 I.P.C. in Crime No.376 of 2022 on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that in view of previous enmity between deceased and the petitioners and also due to a civil dispute, the petitioners said to have given sexual torture and threatened the deceased to withdraw the civil suit, resulting in which, the deceased had written suicidal note and committed suicide by way of hanging. Hence, the complaint.

(3.) The learned counsel for the petitioners submitted that they have not at all committed any offence as alleged by the respondent police and they are no way connected with the offence. He would submit that the 1st petitioner is a widow and having minor children and the 2nd petitioner is visually impaired person having disability of 70%, and to that effect, he produced copy of orders issued by the concerned authorities. He would further submit that the petitioners are neighbour of deceased person and as the 1st petitioner filed a suit for permanent injunction against deceased Sasikala and her family members, the defacto complainant lodged a false complaint against her. He would submit that during pendency of suit, Sasikala committed suicide due to her family dispute, for which, the petitioners are no way connected with the suicide. He would submit that investigation is almost completed and that the petitioners have been suffering incarceration for more than 59 days from 6/11/2022. Hence, he prayed to grant bail to the petitioner.