Palaniyammal v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.09.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.16009 of 2021 Palaniyammal ... Petitioner Vs.
The State Rep.by the ... Respondent The Inspector of Police, K.R.P.Dam Police Station, Krishnagiri District.
(Crime No.13 of 2021) PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C prayed to release the petitioner on bail in the above case in Crime No.13 of 2021 on the file of the respondent. For Petitioner : Mr.E. Kannadasan For Respondent : Mr.A.Gopinath Government Advocate (Criminal Side)
ORDER
The petitioner who was arrested and remanded to judicial custody on 21.06.2021 for the offences under Sections 174 (3) of Cr.P.C subsequently altered into 306 of I.P.C in Crime No.13 of 2021 on the file of the respondent police, seeks bail.
2. The petitioner has been arrayed as A1 in this case. The case of the prosecution is that the petitioner is the mother-in-law of the deceased and she used to frequently pick up quarrel with the deceased. Due to which the deceased committed suicide by hanging. Hence the law enforcing agency registered a case against the petitioners.
3. The learned counsel for the petitioner submits that there was some mis understanding between the deceased and the petitioner. Apart from that the petitioner is no way connected with the alleged offence and she has been falsely implicated in this case. Hence, the present bail application has been filed by the petitioner.
4. The learned Government Advocate (Crl.Side) submits that coaccused/A2 who is the sister-in-law of the deceased was pregnant and considering the said aspect she was granted bail by the learned Principal Sessions Judge, Krishnagiri, Krishnagiri District in Crl.M.P.No.1538 of 2021 dated 27.08.2021.
5. Considering the facts and circumstances of the case and the co-accused/ A2 has been granted bail by the Court below and also considering the period of incarceration suffered by the petitioner, 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, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Krishnagiri and on further condition 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, daily at 10.30 a.m. until further orders;
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner shall not abscond either during investigation or trial;
(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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 03/09/2021 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 JUDICIAL MAGISTRATE NO.II, KRISHNAGIRI.
2 THE CHIEF JUDICIAL MAGISTRATE, KRISHNAGIRI. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, K.R.P.DAM POLICE STATION, KRISHNAGIRI DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON,SALEM.
5 THE PRINCIPAL SESSIONS JUDGE, KRISHNAGIRI,KRISHNAGIRI DISTRICT.
6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.E.KANNADASAN Advocate on payment of necessary charges SR.NO.9511 CRL OP.16009/2021 Date :03/09/2021 CSK 06/09/2021