Venkateswari 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 Venkateswari ... Petitioner/Sole Accused Vs The Inspector of Police, Vedasandur Police Station, Dindigul District.
(Crime No.61 of 2022).
... Respondent/Complainant For Petitioner : Mr.R.Rajaselvan Advocate.
For Respondent : Mr.A.Thiruvadi Kumar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.61 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 15.03.2022 for the offences punishable under Section 302 of IPC, in Crime No.61 of 2022, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner and the deceased are the sisters. The petitioner demanded mobile phone from the deceased to communicate her son, the deceased refused to gave the same. At that time, the petitioner attacked the deceased with Arivalmanai and caused death. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is the mentally disorder person and without any intention, the accident was 1/3
happened. He further submitted that the petitioner was taking treatment in Kilpauk Mental Hospital and subsequently she discharged.
4.The learned Additional Public Prosecutor would submit that a major part of the investigation has been completed and also submitted that the petitioner is the mental disordered person. 5.Considering the above facts and circumstances considering the period of incarceration by the petitioner and also the fact that the petitioner and the defacto complainant are close relatives, 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, Vedasandur, Dindigul District and on further condition that: (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 report before the respondent police daily at 10.30 a.m., and 5.30 pm., until further orders; (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 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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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 Judicial Magistrate, Vedasandur, Dindigul District.
2.The Chief Judicial Magistrate, Dindigul
3. The Officer Incharge, Central Women Prison, Madurai.
4.The Inspector of Police, Vedasandur Police Station, Dindigul District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
CRL OP(MD) No.8792 of 2022 Date : 11/05/2022 KB/GVS/SAR IV(10.05.2022) 3P 6C 3/3