Saritha v. State By

Crl.O.P.No.6279 of 2016 K.KALYANASUNDARAM, J.

The petitioner, who is arrayed as A-1, was arrested and remanded to judicial custody on 19.02.2016 for the alleged offences punishable under Section 302 of IPC r/w Sections 120[B], 109 of IPC in Crime No.95 of 2016 on the file of the respondent police and hence, seeks bail. 2.The case of the prosecution is that the petitioner along with her two brothers have partition of the ancestral property and shared the sale profits. The deceased, who is the younger brother of the de facto complainant was leading luxurious life without going for any employment and he used to harass the petitioner as well as his parents in an inebriated mood, so the petitioner conspired with A-2 and A-3 to eliminate the deceased and she agreed to pay Rs.50,000/- to A-3 and A-4, who inturn have engaged other accused, who are all juveniles and on 13.02.2016, A-4 to A-7 attacked the deceased with knives and caused his death and after commission of offence, balance Rs.40,000/- paid to A-3 and A-4.

3.Learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. It is further submitted that the deceased was a Bachelor and she is continuously causing sexual harassment to the petitioner and the petitioner is already married woman and she is living with her family, while so, a false complaint was given against her.

K.KALYANASUNDARAM, J.

sri 4.Per contra, learned Government Advocate [Criminal Side] appearing for the respondent vehemently opposed to grant bail to the petitioner contending that the de facto complainant is none other than the husband of the petitioner and she actively participated to eliminate the deceased.

5.Considering the overt act attributed against the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail on her executing a bond for Rs.10,000/- [Rupees Ten Thousand only] with two sureties each for a like sum, to the satisfaction of the learned Judicial Magistrate, Arakkonam and on further condition that the petitioner shall report before the respondent police daily at 10.00a.m. until further orders. 22.03.2016 sri Crl.O.P.No.6279 of 2016