Saravana Selvi, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.347 of 2018 SARAVANA SELVI, ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE STATE REP BY THE INSPECTOR OF POLICE, KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT.
(CRIME NO.558 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.RAJARAMAN Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner / accused rank not known, who was arrested on 23.10.2017 for the offence punishable under Sections 302, 380 and 307 of IPC., in Crime No.558 of 2017, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the defacto complainant gave a complaint on 22.10.2017 before the respondent police, stating that his wife running a Beauty Clinic in the name and style of Akila Beauty Clinic at Chinnakaliyamman Kovil Street, Kovilpatti for the past 15 years. On 22.10.2017, he dropped her wife at the said Beauty Clinic, when she was called by the defacto complainant at 7.40 p.m, the phone was switched off. Hence, he went to the clinic, on seeing that the defacto complainant's wife Ambika was in sleeping stage and the family friend Guruvammal was in conscious, told that two persons came to the said clinic and gave some liquor , after consuming the same, Ambika went to that stage. Subsequently, the defacto complainant took his wife to the hospital, the doctor found that she was dead, thereby, the case was registered against the unnamed accused.
3.The learned counsel for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and she is an innocent person. The case was registered only against https://hcservices.ecourts.gov.in/hcservices/
the unnamed accused. Further added that the petitioner also one of the customer for the said Beauty Clinic, hence she was falsely implicated in this case. There is no previous case is pending against the petitioner. The petitioner is in judicial custody from 23.10.2017. Hence, he prays for bail.
4.The learned Government Advocate (Criminal Side) submitted that A1 and A2 are the husband and wife. On 22.10.2017, this petitioner and another one accused stolen away the 7 sovereign gold chain from the deceased and also murdered her. According to him investigation is completed and charge sheet was filed. 5.The submissions made by either side are considered, the offence punishable under Sections 302, 380 and 307 of IPC., has been registered against the petitioner. According to prosecution, she is in judicial custody from 23.10.2017. As of now, after completing investigation, charge sheet has been filed. However, on go through the facts of the case, it is alleged that during the time of occurrence, the petitioner herein and another one accused stolen away the 7 sovereign gold chain from the deceased after murdering her.
Considering the gravity of offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. sd/- 09/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE, KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 3 THE OFFICER INCHARGE, WOMEN PRISON, KOKKARAKULAM, TIRUNELVELI +1. CC to M/S.R.RAJARAMAN Advocate SR.No.340
ORDER
IN CRL OP(MD) No.347 of 2018 Date :09/01/2018 SMA/CM-VR/SAR-4/22.01.2018:2P/5c https://hcservices.ecourts.gov.in/hcservices/