Chellammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the First day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11878 of 2016 CHELLAMMAL ... PETITIONER / ACCUSED No.2 Vs STATE REP BY THE INSPECTOR OF POLICE PALAYAMKOTTAI POLICE STATION, TIRUNELVELI DISTRICT, (CRIME.NO. 581/2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S A.RAJENDRAN Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as Accused No.2, who was arrested and remanded to judicial custody on 14.05.2016 for the alleged offences punishable under Sections 294(b), 302 and 506(ii) IPC read with Sections 3(i)(r)(s) and 3(ii)(va) of SC/ST POA Act, in Crime No.581 of 2016, on the file of the respondent police and hence, seeks bail. 2.The case of the prosecution is that the petitioner along with other accused went to the de-facto complainant's house and enquired about the whereabouts of the brother of the deceased, who eloped with the petitioner's daughter. The deceased came out of the house and informed the petitioner that she did not know about the whereabouts of her brother.

At that time, the first accused attacked the deceased with aruval and on her crying, the defacto complainant came out of the house and found that the first accused, at the instigation of the petitioner, attacked the deceased with aruval and the petitioner shouted the first accused to murder the deceased. On complaint, case has been registered for the above said offences. 3.The case of the petitioner is that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution and the petitioner is searching for her daughter and the petitioner is in judicial custody from 14.05.2016. https://hcservices.ecourts.gov.

4.The learned Government Advocate (Crl. side) submitted that it is honour killing and the investigation is pending. The petitioner along with other accused have already filed a petition in Crl.O.P (MD)No.13159 of 2016 and this Court by an order, dated 28.07.2016 dismissed the petition. Suppressing the filing of the said petition, the petitioner has filed the present petition. If the petitioner is enlarged on bail, she will threaten the witnesses and hamper the investigation.

5.Considering the gravity and serious allegation made against the petitioner and the investigation is pending and suppressing the fact that the petitioner along with other accused filed Crl.O.P(MD) No.13159 of 2016, this petition is filed, this Court is not inclined to enlarge the petitioner on bail. Accordingly, this Criminal Original Petition is dismissed.

sd/- 01/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE PALAYAMKOTTAI POLICE STATION, TIRUNELVELI DISTRICT, 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 3 THE OFFICER INCHARGE SUB JAIL KOKKIRAKULAM, TIRUNELVELI

ORDER

IN CRL OP(MD) No.11878 of 2016 Date :01/08/2016 PS SMA/ARK-PV/SAR-III/04.08.2016:2P/4C https://hcservices.ecourts.gov.in/hcservices/