Muthulakshmi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/05/2022 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI Muthulakshmi ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, VanniyampattiVilakku Police Station, Virudhunagar District (Crime No.51 of 2022). ... Respondent/Complainant For Petitioner : Mr.P.Ganapathi Subramanian Advocate.

For Respondent : Mr.A.Thiruvadikumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in (*)Crime No.51 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 03.03.2022 for the offences punishable under Sections 294(b), 307 IPC @ Section 302 IPC, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to previous motive that petitioner is said to have attacked the deceased with an intention to kill him with wooden log and thereby, caused grievous injuries and subsequently, he was died. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is a lady and she has not committed any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor would submit that the investigation of the case has been completed and the charge sheet was laid.

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5.Considering the facts and circumstances of the case and also considering the submission made by the learned Additional Public Prosecutor that the investigation has already been completed and the charge sheet was laid, this Court is inclined to grant bail to the petitioner subject to the following conditions: 6.Accordingly, the petitioner is ordered to be released on bail on his executing 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.II, Srivilliputur, Virudhunagar District.

(a)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 their identity; (b)the petitioner shall appear before the trial Court for each and every hearing date without fail;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(e)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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 11/05/2022 (*) Amended as per order of this Hon'ble Court dated 11.05.2022 in CRL MP(MD) No.6023 of 2022 in CRL OP(MD) No.7889/2022.

/ TRUE COPY / 12/05/2022 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.

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TO 1 THE JUDICIAL MAGISTRATE NO.II, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT.

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

3 THE INSPECTOR OF POLICE VANNIYAMPATTIVILAKKU POLICE STATION, VIRUDHUNAGAR DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON WOMEN CELL, MADURAI.

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

+1 CC to M/s.P.GANAPATHY SUBRAMANIAN, Advocate ( SR-4599[I] dated 11/05/2022 )

ORDER

IN CRL OP(MD) No.7889 of 2022 Date :11/05/2022 RS/JM/SAR.2 (12.05.2022) 3P-7C 3/3