Maheswari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Maheswari ... Petitioner / Accused Rank Not known

Versus

The Inspector of Police, Mannachanallur Police Station, Trichy District.

(Crime No.62 of 2024) ... Respondent / Complainant For Petitioner :

M/s.P.Kalaiyarasi Bharathi, Advocate.

For Respondent :

Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.62 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.62 of 2024 for the offence under Section 174 Cr.P.C. altered into Section 306 IPC and remanded her into judicial custody on 02.04.2024. Therefore, the petitioner has 1/4

filed this petition seeking bail.

2. The deceased Sathya is the daughter of the defacto complainant and one Karthick is her son-in-law. The said Karthick is having illegal intimacy with the petitioner and he pledged the jewels of the deceased and tortured her. There were frequent quarrels between the deceased and her husband Karthick, for which, the petitioner picked up a quarrel with the deceased and threatened her with a aruval, due to which, the deceased has committed suicide.

3. The learned counsel for the petitioner submits that the petitioner is an innocent and she has not committed any offence as alleged by the prosecution. However, she is languishing in jail from 02.04.2024.

4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the investigation is yet to be completed.

5. Considering the nature of offence and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail i) on the petitioner executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, 2/4

Tiruchirappalli.

ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;

iii) The petitioner shall appear before the respondent police as and when required for interrogation. She has to co-operate for the investigation.

iv) The petitioner shall not misuse the liberty granted to her by indulging in any further offence and shall not tamper with the prosecution witnesses. She shall be available for the trial as well. v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail.

sd/- 23/04/2024 / TRUE COPY / 23/04/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY 3/4

To 1.The Judicial Magistrate No.III, Tiruchirappalli.

2.Do through the Chief Judicial Magistrate, Tiruchirappalli District.

3.The Inspector of Police, Mannachanallur Police Station, Trichy District.

4.The Superintendent, Central Prison for Women, Tiruchirappalli.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.P.KALAIYARASI BHARATHI, Advocate ( SR-4722[I] dated 23/04/2024 )

ORDER

IN CRL OP(MD) No.6244 of 2024 Date :23/04/2024 ED/ /SAR- (23/04/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4