Reena Begam v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.20331 of 2021 Reena Begam ... Petitioner Vs.

State rep. by The Inspector of Police, Kottakuppam Police Station, Villupuram District.

(Cr.No.41 of 2021) ... Respondent Prayer:

Petition filed under Section 439 of Cr.P.C., seeking to enlarge the petitioner on bail pending trial on the file of the I Additional District and Sessions Judge, Tindivanam in S.C.No.309 of 2021 in Crime No.41 of 2021 on the file of the respondent.

For Petitioner : Mr.V.Parthiban For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner who was arrested on 06.03.2021 for the offence under Section 174 of Cr.P.C. altered to Sections 120(b), 201, 302, 341, 449, 34 of I.P.C. in Crime No.41 of 2021 on the file of the respondent police, seeks bail.

2.It is the case of the prosecution that the petitioner along with the other accused is alleged to have committed murder of the deceased. The petitioner is arrayed as A3.

3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and would further submit that A1 and A2 has already been enlarged on bail by the lower Court and that the petitioner is in prison for more than 260 days and the petitioner is ready to abide by the conditions to be imposed by this Court and prayed for grant of anticipatory bail to the petitioner.

4.Heard the submissions made by the learned Government Advocate (Crl. Side).

5.Considering the period of incarceration undergone by the petitioner and the fact that the main accused have already been enlarged on bail, I am inclined to grant bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties, of whom, one should be a local surety and one should be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate, Vanoor, Villupuram District 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. for a period of two weeks and thereafter as and when required for interrogation;

(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 petitioners 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/- 29/10/2021 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 I ADDITIONAL DISTRICT AND SESSIONS JUDGE, TINDIVANAM.

2 THE JUDICIAL MAGISTRATE, VANOOR, VILLUPURAM DISTRICT.

3 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM DISTRICT. [FOR INFORMATION] 4 THE SPECIAL PRISON FOR WOMEN, CUDDALORE.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE INSPECTOR OF POLICE, KOTTAKUPPAM POLICE STATION, VILLUPURAM DISTRICT.

+1 CC to M/S. V.PARTHIBAN Advocate on payment of necessary charges SR.NO.12109 CRL OP.20331/2021 Date :29/10/2021 RW 01/11/2021