Amutha v. The Inspector Of Police

CRL OP(MD). No.11154 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11154 of 2022 Amutha ... Petitioner/Accused No.3 Vs State Rep.by The Inspector of Police, Puliangudi Police Station, Tenkasi District.

(Crime No.196/2022) ... Respondent/Complainant For Petitioner : M/s.G.Kalidoss, Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate(Crl.side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Cr.No.196 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A3, who were arrested on 08.05.2022 for the alleged offences under Sections 294(b), 302 & 506(ii) of IPC, in Crime No.196 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused under the guise of purchasing the land to the defacto complainant's husband has obtained Rs.1,20,000/- and cheated him. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. He would further submit that the co-accussed/A2 has already been arrested and thereafter, released on bail by the Principal Sessions Judge, Tirunelveli, in Cr.M.P.No.5255 of 2022. He would further submit that the petitioner is in judicial custody from 08.05.2022.

4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that the defacto complainant's husband was in abroad and he sent huge amount to the first accused to purchase some properties in his favour, inspite of that, the first https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.11154 of 2022 accused swindled the money and failed to give proper answer to the defacto complainant's husband. When the same was questioned by the defacto complainant's husband, the petitioner along with the other accused attacked him with Aruval and caused death on the spot. He would further submit that the petitioner was present in the scene of occurrence place and at the instigation of the petitioner alone, the occurrence was occurred and also would submit that the major part of the investigating has been completed.

5.Considering the facts and circumstances of this case, most of the investigation might have been over and considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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, Sivagiri, Tenkasi District, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 23/06/2022 / TRUE COPY / 23/06/2022 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 JUDICIAL MAGISTRATE, SIVAGIRI, TENKASI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, PULIANGUDI POLICE STATION, TENKASI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON FOR WOMEN, PALAYAMKOTTAI, KOKKIRAKULAM.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.G.KALIDOSS, Advocate ( SR-5998[I] dated 23/06/2022 ) ORDER IN CRL OP(MD) No.11154 of 2022 Date :23/06/2022 RS/PN/SAR.4 (23.06.2022) 2P-7C https://hcservices.ecourts.gov.in/hcservices/ 2/2