Vellaiyammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.17459 of 2017 VELLAIYAMMAL ... PETITIONER / ACCUSED NO.2 Vs STATE REP.BY THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO.772/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.V.KANNAN, Advocate For Respondent : M/S.K.ANBARASAN, Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/A2, who was arrested on 10.11.2017 and remanded to judicial custody on the same day for the offences punishable under Sections 294(b), 323, 307, 302 r/w 109 IPC in Crime No.772 of 2017 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the first accused in this case is said to have set fire on the deceased / brother, by name Murugan and committed the offence of murder. The allegation against this petitioner is that she had illegal intimacy with A1 that was objected to by the said Murugan and annoyed by the advice given by the deceased, the accused persons have murdered the deceased, which resulted in registration of the present case.

3. The learned counsel for the petitioner has submitted that based on the dying declaration, the petitioner has been implicated in this case and she is ready to abide by any conditions being imposed by this Court.

4. The learned Government Advocate (Crl.Side) has strongly objected to the grant of bail, contending that the investigation of the case is in midway and if the petitioner/accused is let out on bail, there is every possibility of the accused tampering the witnesses/evidences and hampering the investigation. https://hcservices.ecourts.gov.in/hcservices/

5. Taking into consideration the serious nature of the allegations levelled against this petitioner and the fact that the investigation of the case is in progress, this Court is not inclined to grant the relief as prayed for by the petitioner.

6. In the result, this Criminal Original Petition stands dismissed accordingly.

sd/- 28/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT.

2. THE SUPERINTENDENT,CENTRAL PRISON FOR WOMEN, TRICHY.

3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.17459 of 2017 Date :28/12/2017 MS/CM-VR/SAR.1/02.01.2018/2P.4C https://hcservices.ecourts.gov.in/hcservices/