Vijayalakshmi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/06/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Vijayalakshmi ... Petitioner/Accused Vs The Inspector of Police, Puthiyamputhur Police Station, Thoothukudi District.

(Crime No.20 of 2024. ) ... Respondent/Complainant For Petitioner :

Mr.A.Arun Ramnath, 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.20 of 2024 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner, who was arrested on 12.03.2024 for the alleged offence under Sections 174 of Cr.P.C @ 302, 120B and 109 of IPC in Crime No.20 of 2024, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner along with the other accused had conspired to murder the defacto complainant's wife and as per their conspiracy, on 29.02.2024, A1 strangulated the deceased with nylon rope. Hence, the complaint.

3.The learned counsel for the petitioner submits that there are five accused persons in this case and the petitioner has been arrayed as A4. The petitioner is an innocent and she has not committed any offence as alleged by the prosecution. She is an engineering graduate and doing business in Coimbatore. The petitioner is the sister of the defacto complainant and she was not present in the scene of occurrence. She is languishing in jail for the past 88 days. 4.The learned Additional Public Prosecutor appearing for the respondent submits that the petitioner has conspired with the other accused to murder the defacto complainant's wife. Since the investigation in this case is yet to be completed, he opposes for grant of bail to the petitioner.

5. Considering the facts and circumstances of this case, considering the 2/5

alleged role played by the petitioner and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner with some conditions.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on the following conditions:- i) The petitioner shall execute 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, Otapidaram, Thoothukudi.

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 report before the respondent police for a period of two weeks and thereafter as and when required for interrogation.

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. The petitioner shall be available for the trial as well.

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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/- 06/06/2024 / TRUE COPY / 06/06/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN To 1.The Judicial Magistrate, Otapidaram, Thoothukudi.

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

3.The Inspector of Police, Puthiyamputhur Police Station, Thoothukudi District.

4.The Officer Incharge, Women Sub Jail, Kokkirakulam, Tirunelveli.

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

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ORDER

IN CRL OP(MD) No.8282 of 2024 Date :06/06/2024 ED/ /SAR- (04/06/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5