The Inspector Of Police v. S.Mamtha
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.07.2017 Coram:
THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.28225 of 2015 State represented by The Inspector of Police, G-3, Kilpauk Police Station, Chennai. (Cr.No.2005/2015) ... Petitioner Vs.
S.Mamtha ... Respondent Prayer : Criminal Original Petition filed under Section 439 (2) of the Code of Criminal Procedure praying to cancel the bail granted to the respondent/accused by the Court of Sessions, Chennai in Crl.M.P.No.17614 of 2015 dated 27.10.2015.
*** For Petitioner : Mr.C. Emalias Additional Public Prosecutor For Respondent : Mr.Rajavelu
O R D E R
This Criminal Original Petition has been filed to cancel the bail granted to the respondent/accused by the Court of Sessions, Chennai in Crl.M.P.No.17614 of 2015 dated 27.10.2015.
2. Mamta, the respondent herein is the mother of two children was a victim of wife battering at the hands of her husband and unable to withstand the same has attempted to commit suicide. She strangulated her children using cotton rope and she also cut her veins using knife. Hence, a case in Crime No.2005 of 2015 was registered for the offences punishable under Section 302 I.P.C. Mamta. She was arrested and remanded to judicial custody on 13.10.2015 and she was released on bail by the Principal Sessions Judge, Chennai, on 27.10.2015, in Crl.M.P.No.17614 of 2015. The prosecution has filed the present petition to cancel the bail granted, on the ground that the bail was granted with an erroneous finding that Mamta suffered from Depression, but actually she did not.
3. Heard both sides.
4. The learned Additional Public Prosecutor would submit that the accused hails from Rajasthan and there is possibility of absconding, if the bail was not cancelled.
5. The fact remains that investigation was completed in the year 2015 and Charge Sheet was also filed and the case is pending trial in S.C.No.264/2016, before the V Additional Sessions Court, Chennai. It is also represented that the respondent is regularly appearing before the Trial Court. Further, the bail was granted in the year 2015 and till date, Mamta had not absconded.
7. In view of the above, this Court is of the view that this is not a fit case to cancel the bail. Hence, this petition stands dismissed. 31.07.2017 arr
P.N.PRAKASH, J arr To
1. The Sessions Court, Chennai 2.The Additional Public Prosecutor High Court, Madras Crl.O.P.No.28225 of 2015 31.07.2017