Veeralakshmi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighteenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11065 of 2015 1 VEERALAKSHMI 2 MARISAMY 3 ARIVALAGAN ... PETITIONERS/ACCUSED1, 2 and 4 Vs STATE REP BY: THE INSPECTOR OF POLICE VARUSANADU POLICE STATION, THENI DT, CRIME NO.79/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.B.JEYAKUMAR Advocate For Respondent : MR. K.V. RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners,who are arrayed as A1, A2 and A4, apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 302, 309 and 201 of IPC, in Crime No. 79 of 2015 on the file of the respondent police and hence, seek anticipatory bail.
2. According to the Village Administrative Officer, mayiladumparai, the first accused consumed poison and administered the poison to her daughter on 06/06/2015, by which, the daughter of the first accused died and the accused Nos. 2 to 4 disposed off the body without intimation to the authorities.
3. The learned counsel for the petitioners submitted that the first accused was seriously suffering from stomach pain and the medical expenses cou8ld not be meet out by her husband, who was working as a sweeper in a Hospital and the parents off the first accused also refused to give money for her treatment and therefore, on 06/06/2015 the first accused alone consumed poison, which was informed by her either daughter to her relatives and in the meanwhile, the first accused became unconscious and the younger daughter of the first accused also consumed poison and died.
4. The learned counsel for the petitioner further submitted that the first accused did not have any intention to commit the murder of her daughter and only due to poverty, the occurrence had taken place. He further submitted that the accused Nos. 2 to 4 are respectable persons and they are falsely implicated in this case.
5. The learned Government Advocate (Crl. Side) submitted that the first accused had consumed poison on 06/06/2015 and also gave the poison to her daughter and she died on the spot. He further submitted that the accused Nos. 3 and 4 are Presidents of Village Panchayats and they without informing the occurrence have diposed of the body.
6. Considering the facts, this court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Theni and on each of them 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 Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m until further orders. The Petitioners shall comply with the condition stipulated under Section 438 Cr.P.C., scrupulously.
7. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready failing which, the petition for anticipatory bail stands dismissed.
sd/- 18/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE THENI 2 THE CHIEF JUDICIAL MAGISTRATE, THENI 3 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4 THE INSPECTOR OF POLICE VARUSANADU POLICE STATION, THENI DT +1. CC to M/S.B.JEYAKUMAR Advocate SR.No.32141 DM 23 6 15
ORDER
IN CRL OP(MD) No.11065 of 2015 Date :18/06/2015 3P:6C