M. P. Sivakumar v. Inspector of Police, Dindigul Taluk Police Station
2014-08-21
K.KALYANASUNDARAM
body2014
DigiLaw.ai
Judgment 1. The petition has been filed under Section 439(2) Cr.P.C, to cancel the bail granted to the second respondent in Crl.M.P.No.1040 of 2012, dated 28.05.2012 on the file of the Sessions Judge, Dindigul. 2. Heard both sides. 3. The petitioner is a defacto complainant in Crime No.251 of 2012 on the file of the first respondent. The second respondent is the second accused in the case. The sister of the petitioner committed suicide on 14.05.2012 for which the petitioner lodged complaint on 15.05.2012 which was registered by the first respondent for the offences punishable under Sections 498(A), 304(B) of IPC r/w. Section 4 of Dowry Prohibition Act, the husband of the deceased, who is arrayed as A1, was arrested on the same day and he was granted bail, after he had been incarceration for more than 45 days. The second respondent, who is the father of the deceased, was arrested on 15.05.2012 and released on bail on 28.05.2012 by the learned Sessions Judge, Dindigul, on the condition that he should appear before the respondent police daily at 10.30 a.m. for thirty days. 4. The petitioner/de-facto complainant has filed this application for cancellation on the only ground that without completion of the investigation, the learned Sessions Judge granted bail to the second respondent. 5. The learned counsel for the second respondent submitted that the second respondent was aged about 65 years at the time of occurrence and there was no specific allegation made against him in the complaint. The learned counsel further submitted that the learned Sessions Judge, after considering the entire materials, had granted bail to the second respondent and he had also complied with the conditions, as per the order of the learned Sessions Judge. It is further submitted that the first respondent, after completing investigation, has also laid charge sheet in this case which is taken on file. 6. Heard the learned counsel for the petitioner, the learned Government Advocate (Criminal side) appearing on behalf of the first respondent as well as the learned counsel appearing on behalf of the second respondent. 7. In my considered opinion, the petitioner has not made out a case for cancellation of bail granted to the second respondent/second accused. Hence, this Criminal Original Petition is dismissed.