Thamizh Selvi @ Selvi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Thamizh Selvi

...Petitioner

Vs.

The State represented by its The Inspector of Police, Kalavai Police Station, Chennai District.

Crime No.72 of 2023

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the Petitioner on bail in Crime No.72 of 2023 on the file of the respondent Police.

For Petitioner : Mr.P.Muthamizhselvakumar For Respondent : Mr.R.Kishore Kumar Government Advocate (Criminal Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 30.10.2023, registered by the respondent originally under Section 174 1/5

Cr.P.C and subsequently, altered to Section 306 of IPC in Crime No.72 of 2023, seeks bail.

2.It is stated that the petitioner is the mother-in-law of the deceased. The petitioner herein and the deceased used to be at home and there were frequent quarrels between them over the domestic issues. The husband of the deceased and his father/father-in-law of the deceased were both barbers and used to go out for work. It is stated that on 27.04.2023, owing to the quarrel escalating the deceased has jumped into a well along with her two minor children and died. 3.Investigation reveals that she had committed the suicide owing to the wordy quarrel between the petitioner and her. It is only noted that some counselling could have been given to her to avoid taking this drastic step.

4.But taking into consideration the fact that the investigation has been completed and the charge sheet has been filed before the Judicial Magistrate, Arcot, this Court is inclined to grant bail to the petitioner with certain conditions.

5.Accordingly, the petitioner is ordered to be released on bail on 2/5

condition to execute 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, Arcot, 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 learned Judicial Magistrate, Arcot, everyday, till the date of committal and thereafter, report before the Sessions Court, during the Court hearing dates.

[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. [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]. 3/5

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

01.12.2023 vkr To 1.The Judicial Magistrate, Arcot.

2.The Women Central Prison, Vellore.

3.The Inspector of Police, Kalavai Police Station, Chennai District.

4.The Public Prosecutor, High Court of Madras.

4/5

C.V.KARTHIKEYAN.

J.

vkr Crl.O.P.No.26954 of 2023 01.12.2023 5/5