Sanmuga Chellathai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.9686 of 2018 SANMUGA CHELLATHAI ... PETITIONER / ACCUSED NO.2 Vs STATE REP.BY THE INSPECTOR OF POLICE SOUTH POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.

CRIME NO.236 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.J.WILLIAM CHRISTOPHER, Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner was arrested and remanded to judicial custody on 04.05.2018 for the offences punishable under Section 302 of IPC in Crime No.236 of 2018 on the file of the respondent police. Originally, it was registered on the file of the respondent police for the offences punishable under Sections 294(b), 323 and 506 (I) of I.P.C. Owing to the death of the defacto complainant Jothi Muthu, subsequently, the First Information Report was altered and the offence 302 IPC was also included. She seeks bail. 2.The petitioner is none other than the wife of the deceased. The deceased was said to be a drunkard and in a quarrel the petitioner had attacked him that ultimately caused his death. 3.Taking note of the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner 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 learned Judicial Magistrate, Rajapalayam, Virudhunagar District. https://hcservices.ecourts.gov.in/hcservices/

(ii)the petitioner is 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 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/- 14/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILIPUTTUR.

3. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

4. THE INSPECTOR OF POLICE, SOUTH POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.

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

+1. CC to Mr.J.WILLIAM CHRISTOPHER Advocate SR.No.10434

ORDER

IN CRL OP(MD) No.9686 of 2018 Date :14/06/2018 MS/PN/VK/14.06.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/