Pandiyammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourteenth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17791 of 2015 1 PANDIYAMMAL 2 KAVITHA ... PETITIONERS / ACCUSED NO.2 & 3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE THENKARAI POLICE STATION, CR.NO.411 OF 2015, THENI DISTRICT ... RESPONDENT / COMPLAINANT For Petitioner : M/S R.SHANKAR GANESH Advocate For Respondent : MRS.S.PRABHA Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.2 and 3, in Crime No.411 of 2015 on the file of the respondent police, were arrested on 25.07.2015 for the alleged offences punishable under Section 174 of Cr.P.C., altered into Sections 498(A), 304(b), 302, 201 of I.P.C. and Section 4 of Dowry Prohibition Act and hence, seek bail.

2. According to the prosecution, the first accused married the deceased about 4 years prior to the occurrence and they are having two children born out of the wedlock and on 13.07.2015, the first accused killed the deceased by strangulation and thereafter, by the advice of the accused 2 and 3, he poured kerosene on the deceased and set ablaze.

3. The learned counsel for the petitioners submitted that the prime accused A1 was already arrested and remanded to judicial custody and the overt act attributed against these petitioners is only for screening the evidence in this case. It is further submitted that originally the case was registered under Section 174 of Cr.P.C., and it was altered based on the confession of the first accused.

4. The learned Government Advocate (Crl.side) would contend that the first accused murdered his wife by strangulating her neck and thereafter got advice from his mother and sister for disposal of the body and as per their advice, he pored kerosene on the deceased and set fire as if she committed self immolation. It is further submitted that the investigation is at prime stage.

5. However, considering the incarceration of the petitioners and the overt act attributed against them, this Court is inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of https://hcservices.ecourts.gov.in/hcservices/

Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Periyakulam, Theni District and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m. until further orders.

sd/- 14/09/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE PERIYAKULAM 2 THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT 3 THE SUPERINTENDENT CENTRAL PRISON TRICHY 4 THE INSPECTOR OF POLICE THENKARAI POLICE STATION, THENI DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1. CC to M/S R.SHANKAR GANESH Advocate SR.No.54092

ORDER

IN CRL OP(MD) No.17791 of 2015 Date :14/09/2015 AM/14.09.2015/GSV.PM/SAR-II/2P/7C https://hcservices.ecourts.gov.in/hcservices/