Dhanalakshmi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/06/2020 PRESENT The Hon`ble Mr.Justice RMT. TEEKAA RAMAN DHANALAKSHMI ... PETITIONER/ACCUSED NO.6 VS STATE REP. BY THE INSPECTOR OF POLICE, ARIYAMANGALAM POLICE STATION, (CRIME NO.281/2020).

... RESPONDENT/COMPLAINANT For Petitioner : Mr. K.M.Karunakaran, Advocate.

For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 281/2020 on the file of the Respondent police.

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

2. The petitioner is arrayed as accused No.6. She was arrested and remanded to Judicial Custody on 22.05.2020 for the offences punishable under sections 306 of I.P.C., in Crime No. 281 of 2020 on the file of the respondent police. She seeks bail.

3. The case of the prosecution is that due to family dispute, the defacto complainant's son namely Prabhu had commit suicide by hanging. Hence, a complaint.

4.The learned counsel for the petitioner submitted that petitioner is an innocent and she did not commit any offence as alleged by the prosecution. He would further submit that the petitioner has been falsely implicated in this case. 1/3

5.The learned Additional Public Prosecutor would submit that investigation is going on.

6.The petitioner herein is not a relative of the deceased. Due to the disturbance caused by the in-law, the deceased had committed suicide. Before the said action, there was a family panchayat, in which, the petitioner has participated. Except the participation in panchayat, there is no overt act against her. Hence, I am inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner 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 Judicial Magistrate No.4, Trichy District.

(ii)The sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure his identity; (iii) the petitioner shall report before the respondent police daily until further orders.

(iv) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(v) the petitioner shall not abscond either during investigation or trial.

(vi) 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]. (vii) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 26/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.4, 2/3

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, 3 THE INSPECTOR OF POLICE ARIYAMANGALAM POLICE STATION, 4 THE OFFICER INCHARGE, SPECIAL PRISON FOR WOMEN, TRICHY.

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

ORDER

IN CRL OP(MD) No.6761 of 2020 Date :26/06/2020 CP JM/PN/SAR 2/26.06.2020/3P/6C 3/3