Kala Roobavathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventeenth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21093 of 2015 KALA ROOBAVATHI ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE RAJATHANI POLICE STATION, THENI DISTRICT.

(CRIME NO. 215 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.JEGADEESH PANDIAN 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/Accused No.1, who was arrested and remanded to judicial custody on 01.09.2015 for the alleged offences punishable under Section 174 Cr.P.C. and altered into under Sections 120(b), 302, 201 r/w 34 IPC, in Crime No.215 of 2015 on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that the petitioner murdered her husband for getting job on compassionate ground in Tamil Nadu Electricity Board by engaging A2 and A3.

3.The case of the petitioner is that she is innocent and her name is falsely implicated in this case. The case was registered only after two months of the date of occurrence. She is in custody from 01.09.2015 and that the co-accused have been arrested and enlarged on bail. The petitioner is a HIV patient. 4.It is submitted by the learned Government Advocate (Crl.Side) that to get terminal benefits of her husband, who was working in Tamil Nadu Electricity Board, the petitioner along with two other accused, murdered her husband and that the investigation is not completed and if the petitioner is released on bail, she will tamper the witnesses and hamper the evidence and she will abscond. The allegation against the petitioner is that she paid money to A2 and A3 for murdering her husband.

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5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is a HIV patient, and co accused have been arrested and enlarged on bail, 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 learned Magistrate, Andipatti, Theni District and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. sd/- 17/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ANDIPATTI, THENI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THENI 3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE RAJATHANI POLICE STATION,THENI DISTRICT.

5 THE SUPERINTENDENT SPECIAL WOMEN PRISON, TRICHY.

+1. CC to M/S M.JEGADEESH PANDIAN Advocate SR.No.65650

ORDER

IN CRL OP(MD) No.21093 of 2015 Date :17/11/2015 RG.AAL-MPA/SAR-II 17.11.2015 2P/7C https://hcservices.ecourts.gov.in/hcservices/