Sathya v. State Rep

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.12019 of 2024 Sathya ... Petitioner Vs.

State Rep by.

The Inspector of Police, Sholavaram Police Station, Thiruvallur District.

Crime No. 292 of 2024.

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in crime No. 292 of 2024 on the file of the respondent police pending investigation. For Petitioner : Mr. R.Vinoth For Respondent : Mr.V.Meganathan, Government Advocate (Crl. side) 1/5

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 25.03.2024 for the alleged offences punishable under Sections 302 IPC in crime No. 292 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner thrown her baby into the Well and thereafter rescued the baby and admitted in Hospital but the child died without responding to treatment. Hence the case.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and she is an innocent person. Further, he stated that her in-laws were made a false statement that as if she thrown her baby into the Will Learned counsel prays to grant bail to the petitioner.

4. On the other side, the learned Government Advocate (Crl. side) submits that the petitioner thrown her baby into the well and thereafter baby died.

5. Considering the period of incarceration undergone by the 2/5

petitioner and also the investigation is almost competed. Hence, this Court is inclined to grant bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties ( one must be a blood surety), each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Ponneri, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m., for a period of three months.

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; 3/5

[e] On breach of any of the aforesaid conditions, the learned 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 abscond, a fresh FIR can be registered under Section 229A IPC.

05.06.2024 pbl 4/5

T.V.THAMILSELVI,J.

pbl To

1. The Judicial Magistrate -No.II, Ponneri.

2.The Inspector of Police, Sholavaram Police Station, Thiruvallur District.

3. The Central prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.12019 of 2024 05.06.2024 5/5