Meenakshi Sundaram @ Sundaram v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2021

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8874 of 2021 Meenakshi Sundaram @ Sundaram ... Petitioner Vs.

The State represented by, The Inspector of Police, Kundrathur Police Station, Chennai (Cr.No.1101 of 2018) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 Cr.P.C. praying to enlarge the petitioner on bail in connection with the case in SC.No.77 of 2018 pending on the file of the learned Mahila Court, Chengalpattu.

For Petitioner : Mr.P.Krishnan For Respondent : Mr.E.Raj Thilak Government Advocate (Crl.Side)

ORDER

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 31.08.2018, for the offence punishable under Sections 302, 120(b) r/w 109 of IPC in Crime No.1101 of 2018 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant is the husband of the first accused and they had two children. It is alleged that the first accused had illegal relationship with this petitioner/ A2 due to which, the first accused is alleged to have committed murder of her own two children with the help of this petitioner / A2. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case. Further, he submitted that the petitioner is in judicial custody from 31.08.2018 and this is the fifth bail petition. Hence, he sought for bail to the petitioner.

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4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner had illegal intimacy with A1 and only on instruction of this petitioner, A1 murdered her own two children. Therefore, the petitioner has committed heinous offence and hence he vehemently opposed for grant of bail to the petitioner. He further submitted that the case is pending for trial in SC.No.77 of 2018 on the file of the Principal District and Sessions Court, Kancheepuram and the next hearing date is 14.06.2021. 5.It is seen that this is the fifth bail petition. However, there is no change of circumstances in this case. Further, this Court already directed the trial court to complete the trial in SC.No.77 of 2018 with a time frame. Therefore, this court is not inclined to entertain this petition.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 09/06/2021 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 PRINCIPAL DISTRICT AND SESSIONS COURT, KANCHEEPURAM.

2 THE JUDICIAL MAGISTRATE, SRIPERUMBUDUR.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

4 THE INSPECTOR OF POLICE, KUNDRATHUR POLICE STATION, CHENNAI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. P.KRISHNAN Advocate on payment of necessary charges CRL OP.8874/2021 Date :09/06/2021 MK:22/07/2021 https://hcservices.ecourts.gov.in/hcservices/