Selvamani, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fifth day of July Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.9624 of 2017 SELVAMANI, ... PETITIONER/ACCUSED NO.1 Vs STATE, REPRESENTED BY THE INSPECTOR OF POLICE, KEELAVALAVU POLICE STATION, MADURAI.

(IN CRIME NO.297/2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.MOHAMED YUSUF Advocate For Respondent : MR.A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner / A1, who was arrested and remanded to judicial custody on 14.06.2017 for the offences punishable under Section 306 of IPC in Crime.No.297 of 2017 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is the mother-in-law of the the deceased. Due to some dispute arose between the petitioner and the deceased, the petitioner abused her and that the deceased committed suicide.

3. The learned counsel appearing for the petitioner would submit that there is no inducement by the petitioner for the commission of offence, the deceased herself committed suicide. He would further submit that RDO report also reveals that there is no dowry harassment.

4.The learned Additional Public Prosecutor appearing for the respondent would submit on instructions that there are totally two accused in this case and the petitioner herein is arrayed as A1 and she is a mother-in-law of the deceased. He would further submit that earlier bail petition moved on behalf of this petitioner along with A2 in Crl.O.P(MD).No.8379 of 2017 was dismissed by this Court in respect of this petitioner. He

would further submit that the investigation was almost completed and the chemical analysis report is awaited in this case.

5.Considering the facts and circumstances of the case and also considering the fact that investigation was almost completed and that the chemical analysis report only awaited and that the petitioner is in judicial custody from 14.06.2017, this Court is inclined to grant bail to the petitioner. 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 learned Judicial Magistrate, Melur.

(ii) the petitioner is directed to appear before the respondent Police daily at 10.30 a.m. until further orders; (iii) the petitioner shall not tamper with the 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 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 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/- 25/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE JUDICIAL MAGISTRATE,MELUR 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE INSPECTOR OF POLICE, KEELAVALAVU POLICE STATION, MADURAI. (IN

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

5 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. +1. CC to M/S.A.MOHAMED YUSUF Advocate SR.No.27214 GJM/PM/PN/SAR-3-25.7.17-3P-7C

ORDER

IN CRL OP(MD) No.9624 of 2017 Date :25/07/2017