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Madras High CourtCRL OP(MD)/5722/2020granted

V.Ponnammal v. The Inspector Of Police

2020-06-10Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.5722 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.5722 of 2020

1. V.Ponnammal

2. M.Chandra ... Petitioners/Accused Rank Not Known Vs State Rep.by The Inspector of Police, Keeranur Police Station, Pudukottai District.

(In Crime No.21/2020) ... Respondent/Complainant For Petitioners: M/s.C.Arul Vadivel @ Sekar, Advocate. For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 21/2020 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners were arrested and remanded to Judicial Custody on 02.04.2020 for the offences punishable under sections 147, 148 and 302 of I.P.C., in Crime No.21 of 2020 on the file of the respondent police. They seeks bail.

3. The learned Government Advocate(Crl. Side) opposed the grant of bail by pointing out that this is a retaliation murder and that a large number of accused were involved in this case and that some of them were also detained as Goonda under the Tamil Nadu Act 14 of 1982.

4. It is true that the case is a very grave one and it has a large ramification. But the fact remains that the petitioners are women folk. The first petitioner is aged about 65 years. They are in custody for more than 60 days. I am of the view that their continued incarceration is not going to serve any purpose. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.5722 of 2020

5. Therefore, I am inclined to enlarge the petitioners on bail with certain conditions. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions; (i) the petitioners shall be released on own bond by the Magistrate without insisting on sureties. However, the petitioners are directed to execute 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 Judicial Magistrate, Keeranur,after the concerned Court is reopened.

(ii)the petitioners are directed to appear before the respondent police as and when required for interrogation. (iii)on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the 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/- 10/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, KEERANUR.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3. THE SUPERINTENDENT,CENTRAL WOMEN PRISON, TRICHY.

4. THE INSPECTOR OF POLICE, KEERANUR POLICE STATION,PUDUKOTTAI DISTRICT.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.5722 of 2020 Date :10/06/2020 MS/PN/SAR-3/10.06.2020/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2