Nagalakshmi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventeenth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.V.MURALIDARAN CRL OP(MD) No.5729 of 2017 NAGALAKSHMI ... PETITIONER/3RD ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT (CRIME NO. 66 OF 2017) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S. M.RAMU Advocate For Respondent : M/S.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 01.02.2017, for the offences punishable under Sections 294(b), 302 I.P.C., in Crime No.66 of 2017, on the file of the respondent Police, seeks bail.
2. Heard Mr.M.Ramu, learned counsel appearing for the petitioner and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.
3. The case of the prosecution is that on 31.01.2017 at 01.30 p.m., the petitioner along with others attacked one Pandiyammal with deadly weapon and she succumbed to the injuries sustained by her.
4. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has not committed any such offence as alleged by the prosecution.
5. The learned Government Advocate appearing for the State submitted that charge sheet has been filed before the learned Judicial Magistrate No.I, Sivagangai and the same has been taken on file in P.R.C.No.30 of 2017.
6. Taking into consideration the facts and circumstances of this case, considering the gravity of offence said to have been committed by the petitioner and also the period of incarceration, this Court is of the view that this is a fit case to grant bail to the petitioner. Accordingly, she is ordered to be released on bail, subject to the following conditions:
(i) the petitioner shall 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 No.I, Sivagangai. (ii) the petitioner shall report before the Court concerned daily at 10.30 a.m.,for 15 days and thereafter, she shall appear before the Court on all hearing dates.
(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iv)the petitioner shall not abscond either during investigation or trial.
(v) 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/- 17/05/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE NO.1, SIVAGANAGAI.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANAGAI..
3. THE SUPERINDENT,CENTRAL PRISON, MADURAI.
4. THE INSPECTOR OF POLICE SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S. M.RAMU Advocate SR.No.22046
ORDER
IN CRL OP(MD) No.5729 of 2017 Date :17/05/2017
MS/PN/SAR.3/18.05.2017/2P.7C