Chandira v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.1707 of 2022 CHANDIRA [ PETITIONER / ACCUSED ] Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MADHAVARAM MILK COLONY POLICE STATION, CHENNAI DISTRICT.
(CR.NO.2427 OF 2020) For Petitioner : M/S.D.BENNINGTON Advocate For Respondent : MR.A.GOKULAKRISHNAN Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 16.11.2021 for the offences under Section 174(iii) Cr.P.C. @ 306 of IPC @ 302 IPC, in Crime No.2427 of 2020, on the file of the respondent police seeks bail.
2. The case of the prosecution is that the deceased Sangeetha got married with one Kumar and the said Kumar had died 5 years ago. Thereafter, she got married with the son of the petitioner on 28.01.2018. While so, due to family dispute, the deceased committed suicide by pouring Kerosene on her. At the time of giving dying declaration, she stated that her husband poured kerosene on her and the allegation against the petitioner is that she did not stopped her son from pouring kerosene on the deceased. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case since, she happen to be the mother-in-law of the deceased and that she has https://hcservices.ecourts.gov.in/hcservices/
been suffering incarceration for more than 70 days from 16.11.2021. Hence, he would pray for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor would raise strong objection stating that after the marriage, the petitioner and her son harassed the deceased by demanding balance dowry. While so, on the date occurrence, the deceased poured Kerosene on her and threatened to commit suicide. At that time, the son of the petitioner poured the remaining Kerosene on the deceased and set fire. Insofar as the petitioner is concerned, she only instructed her son to set fire on the deceased.
5.On seeing the gravity of offence and that there is every possibility of the petitioner getting abscond and tampering the evidence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 27/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE INSPECTOR OF POLICE, MADHAVARAM MILK COLONY POLICE STATION, CHENNAI DISTRICT.
2 THE SUPERINTENDENT, CENTRAL PRISON FOR WOMEN, PUZHAL.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.S.P.MEENAKSHI SUNDHARAM Advocate on payment of necessary charges SR.No.1329 CRL OP.1707/2022 Date :27/01/2022 CSK 04/02/2022 https://hcservices.ecourts.gov.in/hcservices/