G.Devi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7744 of 2015 G.DEVI ... PETITIONER/ ACCUSED No.3 Vs THE STATE REP. BY THE INSPECTOR OF POLICE SAMAYANALLUR POLICE STATION, MADURAI DISTRICT, CRIME NO.129/2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.J.JEYAKUMARAN Advocate For Respondent : M/S.K.V.Rajarajan Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.3 in Crime No.129 of 2015 on the file of the respondent police, was arrested on 15.04.2015 for the alleged offence punishable under Section 174 of Cr.P.C. altered into 306 of I.P.C. and Section 4(B) of Tamil Nadu Prohibition of Harassment of Women Act and hence, seeks bail.

2. The case of the prosecution is that the accused have made adverse comments against the character of the deceased which lead to her death by suicide.

3. The learned counsel for the petitioner submitted that the de-facto complainant has not made any allegations against the accused in the complaint given on 11.04.2015 and after the enquiry by the Revenue Divisional Officer is over, the de-facto complainant has changed her version and falsely implicated in this case. The learned counsel for the petitioner further submitted that originally the de-facto complainant has stated that the deceased had contacted the de-facto complainant stating that her daughter Swatha was not feeling well and requested her for vibuthi from the Astrologer and when she went to the spot, she found the deceased committed suicide. In the R.D.O., enquiry also the de-facto complainant has not stated anything about the accused.

4. The learned Government Advocate (Crl.side) submitted that the accused have criticised the deceased about her character and therefore, she committed suicide. It is further submitted that all the accused were arrested and the second accused, who is a lady was granted bail by the Sessions Court, Madurai in Crl.M.P.No.3239 of 2015 dated 20.04.2015. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the fact that the petitioner is also a lady and she had been in judicial custody from 15.04.2015, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on her 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 Mahila Court, Madurai and on further condition that the petitioner shall appear before the respondent Police daily at 10.00 a.m until further orders.

sd/- 23/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE MAHILA JUDGE, MADURAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE SAMAYANALLUR POLICE STATION, MADURAI DISTRICT. +1. CC to M/S.J.JEYAKUMARAN Advocate SR.No.21231 TS/23.04.2015/2P-6C

ORDER

IN CRL OP(MD) No.7744 of 2015 Date :23/04/2015 https://hcservices.ecourts.gov.in/hcservices/