Murugeshwari v. The Inspector Of Police
CRL OP(MD)No.7292 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/06/2021 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD)No.7292 of 2021 Murugeshwari ... Petitioner/Accused No.1 Vs State rep.by The Inspector of Police, Austinpatti Police Station, Madurai District.
(Crime No.116/2021).
... Respondent/Complainant For Petitioner : Mr.M.Vivek Kumar, Advocate.
For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.116 of 2021 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 01.05.2021 for the offences punishable under Sections 174 Cr.P.C., altered into Section 306 IPC in crime No.116 of 2021 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner and the deceased are husband and wife and she is had illegal intimacy with A2. Due to which, there was a wordy quarrel arose between the husband and wife and on 28.04.2021, the deceased committed suicide by hanging. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and she has been falsely implicated in this case. He would further submit that the deceased lost his job, due to lock down and due to the economic crisis, the deceased committed suicide. He would further submit that only to grab the property, the defacto complainant lodged the present complaint. He would also submit that no inquest has been conducted and the petitioner is in judicial custody from 01.05.2021, hence he may be granted bail. https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD)No.7292 of 2021 4.The learned Government Advocate(Crl.Side) appearing for the respondent police would submit that postmortem report and viscera report have not been received. He would also submit that the investigation in this case is at preliminary stage. Hence, he strongly opposed to grant bail to the petitioner. 5.Considering the facts and circumstances of the case and also the fact that the postmortem report and viscera report have not been received and investigation in this case is at preliminary stage, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed. sd/- 07/06/2021 / TRUE COPY / / /2021 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.
TO 1.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
2.THE INSPECTOR OF POLICE, AUSTINPATTI POLICE STATION, MADURAI DISTRICT.
3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.7292 of 2021 Date :07/06/2021 GNS AE/PN/SAR-II/10.05.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2