Rajammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventh day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) Nos.5512 and 4625 of 2016 1 RAJAMMAL 2 LAKSHMI ... PETITIONERS / ACCUSED No.16 & 17 IN CRL OP(MD)No.5512/2016 1 PUSHPA 2 PICHAIAMMAL 3 KANNAMMAL 4 MUNIAMMAL 5 PARVATHI ... PETITIONERS/ACCUSED No.11 to 15 Vs THE STATE REP.BY THE INSPECTOR OF POLICE PALAMEDU POLICE STATION, PALAMEDU, MADURAI DISTRICT, CR NO. 26 OF 2016.

(Respectively) ... RESPONDENT / COMPLAINANT IN BOTH CASES.

For Petitioner : M/S R.SHANKAR GANESH Advocate IN BOTH CASES.

For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) IN BOTH CASES.

PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 18.02.2016 for the offences punishable under Sections 147, 148, 341, 323, 324, 307 and 302 IPC in Crime No.26 of 2016 on the file of the respondent police, seek bail.

2. Heard Mr.R.Shankar Ganesh, learned counsel appearing for the petitioners and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.

3. On a reading of the FIR, it appears that on account of previous enmity, when the deceased party were returning from a marriage function, the accused party appears to have waylaid the deceased party and attacked. The main allegations are against one Muniyandi, Sundarapandian and Siranjeevi and they are not before https://hcservices.ecourts.gov.in/hcservices/

this Court. These petitioners are ladies, who were the party of the deceased party.

4. Taking into consideration the nature of the allegations in the FIR against the petitioners herein, this Court is of the view that it is a fit case to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions:

(i) the petitioners 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, Vadipatti, Madurai District [ii] the petitioners shall stay at Theni District and report before Devathanapatti Police Station every day at 10.30 a.m. and 6.30 p.m. until further orders.

[iii] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[iv] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [vi] The Inspector of Police is directed to send compliance report to the office of the learned Government Advocate (Crl. Side) as to whether the petitioners are complying with the conditions or not.

sd/- 07/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,VADIPATTI, MADURAI DISTRICT. 2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE,MADURAI. 3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE PALAMEDU POLICE STATION,PALAMEDU,MADURAI DISTRICT. 5 THE SUPERINTENDENT,SPECIAL PRISON FOR WOMEN MADURAI. 6 THE SUPERINTENDENT,SPECIAL PRISON FOR WOMEN, TRICHY. 7 THE OFFICER INCHARGE, DEVATHANAPATTI POLICE STATION,THENI DISTRICT. +2. CC to M/S R.SHANKAR GANESH Advocate SR.Nos.19574 &19575

ORDER

IN CRL OP(MD) Nos.5512 and 4625 of 2016 Date :07/04/2016 RG.JGB-DP/AR-I 07/04/2016 2P/10C https://hcservices.ecourts.gov.in/hcservices/