Radhika v. State Rep By

Crl.O.P.No.17694 of 2023 G.CHANDRASEKHARAN.J., The petitioner namely Radhika, who was arrested and remanded to judicial custody on 12.05.2023 for the offences punishable under Section 174 of Cr.P.C., subsequently altered into Sections 302, 201 of IPC in Crime No.138 of 2022 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is an innocent person and she has been falsely implicated in this case. Petitioner is in Judicial Custody from 12.05.2023. Thus, he seeks bail to the petitioner.

3. The learned Additional Public Prosecutor submitted that, defacto complainant is the father-in-law of A2. Petitioner/A1 is the second wife of A2. A2, through his first wife had six year old female child. After the death of the first wife, A2 married the petitioner and living with her. The girl aged about 6 years was in the custody of her maternal grand father. After, A2 retired from military service, deceased child was taken cared by the accused persons. Petitioner, in order to grab the entire property of A2, decided to do away the deceased girl, so that 1/4

there is no need to part any share to the deceased girl as claimed by the maternal grand father of the deceased. She invited the deceased girl to her home and physically harassed her. Not only that, using the duppata, deceased child was strangulated and murdered by the petitioner. He further submitted that, though investigation is completed and final report is filed, it is yet to be taken on file by the learned Magistrate. Thus, he strongly oppose this petition.

4. Considering the manner in which a small tender aged girl was murdered in order to disinherit her from property right and also considering the nature of external injuries suffered by the deceased child due to the violent act committed by the petitioner and also having regard to the fact that, final report is not taken on file so far by the learned Judicial Magistrate, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original petition is dismissed. 2/4

07.08.2023 Sma 3/4

G.CHANDRASEKHARAN,J.

Sma Crl.O.P.No.17694 of 2023 07.08.2023 4/4