Kala @ Kalavathi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.8342 of 2022 Kala @ Kalavathi .. Petitioner Vs The State rep. by The Inspector of Police, Sevvapet Police Station (Crime No.67 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.67 of 2022 pending investigation before the respondent police. For Petitioner : Mr.R.C.Paul Kanagaraj For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner, who was arrested on 10.03.2022 for the alleged offences under Sections 294(b), 306 of IPC in Crime No.67 of 2022, on the file of the respondent police, seeks bail.

2. The petitioner was arrested on 10.03.2022 in connection with the suicide of one Chitra. The complaint of her husband indicates that the deceased was caused imputation of illegal intimacy with her uncle and this petitioner reprimanded her and abused her for the illicit affair got ashamed of the said disclosure, the said Chitra hanged herself. Earlier, when the bail petition was moved before this Court, this Court dismissed the same stating that the investigation is at nascent stage and the Investigating Officer has to complete the investigation. Today, it is reported that the statement of witnesses is already recorded and the investigation is almost completed except the Viscera Report awaited from the lab.

3.Considering the change in circumstances, this court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions; (a) the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Thiruvallur;

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(c) the petitioner is directed to report before the Investigating Officer daily at 10.30 a.m until further orders.

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 11/04/2022 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 JUDICIAL MAGISTRATE, NO.II, THIRUVALLUR

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, SEVVAPET POLICE STATION.

4 THE SUPERINTENDENT, CENTRAL PRISON (WOMEN), PUZHAL 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. R.C.PAUL KANAGARAJ Advocate on payment of necessary charges SR.NO.5485 CRL OP.8342/2022 Date :11/04/2022 JPA 11/04/2022