PARTHASARATHI Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This appeal has been filed to set aside the order dtd. 10/7/2024 in Cr.M.P.No.2337 of 2024 on the file of the Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur and enlarge the petitioner on bail.

(2.) The appellant is A1, in Crime No.201 of 2024 on the file of the second respondent Police. He is said to have committed the offence under Ss. 108 and 308 of Bharathiya Nyaya Sanhita (BNS), 2023. Subsequently, the offences were altered as 108, 308(ii) of the Schedule Caste and the Schedule Tribes(Prevention of Atrocities Amendment Act, 2015).

(3.) The case of the prosecution is that on 2/7/2024, when the defacto complainant was at her residence at about 6.45 p.m. her husband came home and told her that he had vomiting sensation and also puked. When the same was enquired, her husband informed that he consumed poison and further informed that the petitioner along with 2 others insulted him and verbally abused him, as he failed to repay the amount payable to the petitioner. Further, the petitioner has also intimidated him and taken the money from the bank account of the husband of the defacto complainant and also scolded as to why he was still alive and because of this insult and incident, he consumed poison. Immediately, he was admitted in Government Hospital. The Doctor has referred him for further treatment. Unfortunately, the doctors declared him dead. Hence, a complaint was lodged before the second respondent Police and the same was registered under Ss. 108 and 308 of Bharathiya Nyaya Sanhita (BNS), 2023. Subsequently, the offences were altered as 108, 308(ii) of the Schedule Caste and the Schedule Tribes(Prevention of Atrocities Amendment Act, 2015). Thereafter, the appellant was arrested on 3/7/2024.