Meenakshi Sundaram@ Sundaram v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Ninth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11581 of 2019 MEENAKSHI SUNDARAM @ SUNDARAM [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, (L AND O), KUNDRATHUR POLICE STATION, CHENNAI.

CR. NO. 1101 OF 2018.

For Petitioner : M/S.VIJAYARAGAVAN K. Advocate For Respondent : M/S.M.MOHAMED RIYAZ, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/A2 who was arrested and remanded judicial custody on 31.08.2018 for the offence punishable under Section 302 of IPC and subsequently altered to Section 302 read with 120(B) of IPC in Crime No.1101 of 2018 on the file of the respondent police, seeks bail.

2.Heard both sides.

3.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.

4.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he had been falsely implicated in this case. Further, he submitted that the petitioner is in judicial custody from 31.08.2018 and this is 4th bail application. Hence, he sought for bail to the petitioner.

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5.The learned Additional Public Prosecutor 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 she vehemently opposed for grant of bail to the petitioner. She further submitted that the case is pending for trial in S.C.No.77 of 2018 on the file of the Principal District and Sessions Court, Kancheepuram. 6.On perusal of the records, it is seen that Earlier, the petitioner's bail application was disposed of by this Court on 04.01.2019 on merits and considering the nature of offence and taking note of the fact there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. 7.Accordingly, this criminal original petition is dismissed. -sd/- 29/04/2019 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 SUPERINTENDENT, CENTRAL PRISON,PUZHAL, CHENNAI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 TEH SUB INSPECTOR OF POLICE, (L AND O), KUNDRATHUR POLICE STATION, CHENNAI.

4 THE PRINCIPAL DISTRICT AND SESSIONS COURT, KANCHEEPURAM.

CC to M/S.VIJAYARAGAVAN K. Advocate on payment of necessary charges Sr.9010 CRL OP.11581/2019 Date :29/04/2019 rvr 10/05/2019 https://hcservices.ecourts.gov.in/hcservices/