Ammu @ Hemamalini v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice N.AUTHINATHAN CRL OP(MD) No.5597 of 2017 AMMU @ HEMAMALINI ... PETITIONER / SOLE ACCUSED Vs STATE THROUGH THE INSPECTOR OF POLICE ODDANCHATRAM POLICE STATION, DINDIGUL DISTRICT, CR.NO.145/17, U/S. 174 @ 306 IPC ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.MOORTHY Advocate For Respondent : Mr.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 18.04.2017 for the offences punishable under Section 174 Cr.P.C @ 306 IPC in Crime No.145 of 2017 on the file of the respondent police, seeks bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State. 3.The learned counsel for the petitioner submits that the petitioner has nothing to do with the death of the victim. She is innocent and she is a teacher by profession and therefore, the question of fleeing from justice does not arise and she has been in custody for more than 15 days. Hence, he prays for grant of bail. 4.It is represented by the learned Government Advocate (Crl.Side) that the body of the victim girl, who was a student, aged 10, was found in her house. Initially, a case under Section 174 Cr.P.C has been registered and during investigation, it has come to light that the class teacher of the deceased, namely the petitioner herein, used to tease the victim, as she suffered from eye defect and that prompted the victim to commit suicide using her leggins.

5. Having regard to the fact that the petitioner has been in custody for more than 15 days that she is a woman and a teacher by profession and that it is said that her custody is not necessary to complete the investigation, I am inclined to grant bail to the petitioner, subject to the following conditions:

6. The petitioner is ordered to be released on bail on her https://hcservices.ecourts.gov.in/hcservices/

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 Judicial Magistrate, Oddanchatram, Dindigul District and on further conditions that:

[a] the petitioner shall report before the Inspector of Police, Ambilikai Police Station daily at 10.00 a.m. for a period of one month and thereafter as and when required for interrogation. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] 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]. sd/- 04/05/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, ODDANCHATRAM, DINDIGUL DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL 3 THE INSPECTOR OF POLICE ODDANCHATRAM POLICE STATION, DINDIGUL DISTRICT,

4. THE INSPECTOR OF POLICE, AMBILIKAI POLICE STATION, AMBILIKAI 5 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to Mr.S.MOORTHY Advocate SR.No.21872 JAM/04.05.17/KKR/SAR A.E. 2P-8C

ORDER

IN CRL OP(MD) No.5597 of 2017 Date :04/05/2017 https://hcservices.ecourts.gov.in/hcservices/