Sutha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2485 of 2015 SUTHA ... PETITIONER/ACCUSED No. 6 Vs STATE REP BY THE INSPECTOR OF POLICE ALANGUDI POLICE STATION, PUDUKKOTTAI DT, CRIME NO.395/2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M. RAMU Advocate For Respondent : MR.A.P.BALASUBRAMANI 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 19.12.2014, for the offence punishable under Sections 174 of the Code of Criminal Procedure @ under Sections 120(b) and 302 of the Indian Penal Code, in Crime No.395 of 2014, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 18.12.2014, the body of the deceased - Pushparaj was found in the house. The police, during the course of investigation, found out that the wife of the deceased was having illicit intimacy with the co-accused. The deceased was working abroad and sending money, which was being used by his wife and her paramour. This was objected to by the deceased, when he came back to India. Therefore, it is alleged that the accused had conspired to commit the murder of the deceased. This Court, taking into consideration of the gravity of the offence committed by the co-accused, dismissed the bail applications filed by them.

3. In this case, the petitioner is the sister-in-law of the deceased and the allegation against her is that she was a part of the conspiracy to eliminate the deceased. It is stated by the learned counsel appearing for the petitioner that the petitioner is 24 years old and doing M.Sc.

4. In such circumstances, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.10,000/- https://hcservices.ecourts.gov.in/hcservices/

(Rupees Ten Thousand Only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Alangudi and on further condition that:

[a] the petitioner shall report before the respondent police 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/- 23/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ALANGUDI 2 THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI 3 THE INSPECTOR OF POLICE ALANGUDI POLICE STATION, PUDUKKOTTAI 4 THE SUPERINTENDENT, CENTRAL PRISON FOR WOMEN, TRICHY 5 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M. RAMU Advocate SR.No.8061

ORDER

IN CRL OP(MD) No.2485 of 2015 Date :23/02/2015 AA/24.02.2015/2p- 7c/ https://hcservices.ecourts.gov.in/hcservices/