Madras High CourtCRL OP(MD)/465/2018ordered

Fathima Beevi, v. The Inspector Of Police,

2018-02-19Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.465 of 2018 FATHIMA BEEVI ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, NORTH POLICE STATION, THOOTHUKUDI DISTRICT.

(CR.NO.601/2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.GAYATHRI for M/S.NIRANJAN .S.KUMAR 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/A1, who was arrested and remanded to judicial custody on 27.11.2017 for the offence under Sections 450 and 302 I.P.C., in Crime No.601 of 2017,on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 25.11.2017, the petitioner along with other accused criminally trespassed into the house of the deceased and assaulted the deceased with aruval and caused her death instantaneously. Hence, a case has been registered for the above said offences.

3.The learned counsel appearing for the petitioner submitted that since the petitioner is a mentally insane person, the family members surrendered the petitioner before the Judicial Magistrate No.II, Kovilpatti on 27.11.2017. The petitioner was remanded to Judicial Custody on the same day. He further submitted that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution. She is in judicial custody from 27.11.2017 onwards. Hence, he prays for bail. 4.The learned Government Advocate(Criminal Side) appearing for the State submitted that part of the investigation is completed.

5.The submissions made by the learned counsel appearing on either side are considered. The petitioner was remanded to judicial custody on 27.11.2017 for the offences punishable under Sections 450 and 302 I.P.C., According to prosecution, after registering the case, the petitioner has voluntarily surrendered before the Judicial Magistrate No.II, Kovilpatti and subsequently, she was remanded to judicial custody.

6.When the matter was taken up for hearing on 10.01.2018, the learned counsel appearing for the petitioner submitted that the petitioner is suffering from mental illness and requested to send the petitioner for medical examination. Considering the representation made by the learned counsel appearing for the petitioner, this Court on 10.01.2018, directed the learned Judicial Magistrate No.II, Kovilpatti, to take steps to find out the mental ability/condition of the petiitoner, after sending her to the Dean, Medical College Hospital, Tirunelveli, through the Superintendent, Women Prison, Kokkirakulam, Tirunelveli District. Accordingly, the Judicial Magistrate No.II, Kovilpatti, has also taken steps and the petitioner was produced before Mr.Dr.G.Ramanujam, M.D., Professor & HOD, Tirunelveli Medical College, Tirunelveli.

Thereafter, a report was received from the abovesaid doctor, in which, the Doctor gave opinion that this petitioner is suffering from borderline intelligence. Further, the petitioner is in Judicial Custody from 27.11.2017 onwards. Now, according to prosecution, part of the investigation is completed, therefore, the question of custodial interrogation of the petitioner does not arise. 7.Furthermore, the daughter of the petitioner, namely, Seyadu Subana Beevi is present before this Court and filed an affidavit, in which, she stated that she will take care of the petitioner, in order to show her identity, she enclosed a copy of Ration Card and Aadhar Card.

Therefore, considering the facts and circumstances of the case and also considering the health condition of the petitioner, further custodial interrogation of the petitioner may not be necessary for completing the investigation. Hence, this Court is inclined to grant bail to the petitioner.

(i) the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties, in which, one surety must be a daughter of the petitioner, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kovilpatti. (ii) after filing of charge sheet, the learned Judicial Magistrate No.II, Kovilpatti, is directed to follow the procedure laid in Chapter XXV Cr.P.C., (iii) the learned Judicial Magistrate No.II, Kovilpatti, is directed to obtain an affidavit of undertaking from the daughter of the petitioner as proper food and protection to be given to the petitioner.

(iv)the petitioner shall not tamper with the evidence or witness either during investigation or trial; (v) the petitioner shall not abscond either during investigation or trial;

(vi)on breach of any of the aforesaid conditions, the 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 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].

sd/- 19/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI. 2 DO THROUG THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT 3 THE SUPERINTENDENT, WOMEN PRISON, KOKKIRAKULAM, TIRUNELVELI DISTRICT. 4 THE INSPECTOR OF POLICE, NORTH POLICE STATION, THOOTHUKUDI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.NIRANJAN .S.KUMAR Advocate SR.No.2672

ORDER

IN CRL OP(MD) No.465 of 2018 Date :19/02/2018 MKV-CM-SAR 2/19.2.2018/3P-7C