Nandhini v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/06/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Nandhini ... Petitioner/Accused Rank No.2 Vs The Inspector of Police, Cumbum South Police Station, Theni District.
Cr.No.74 of 2024.
... Respondent/Complainant For Petitioner : Mr.D.Rajaboopathy.
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.74 of 2024 on the file of the respondent police 1/5
ORDER : The Court made the following order :- The petitioner, who was arrested on 30.03.2024 for the alleged offence under Sections 294(b) and 302 of IPC in Crime No.74 of 2024, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the defacto complainant is the own brother of the deceased. The petitioner had illicit relationship with the deceased and later the petitioner has married the first accused. On 29.03.2024, the deceased went to the first petitioner's house, where, there was an altercation between the deceased and the accused persons, due to which, the first accused assaulted the deceased with broken glass. The deceased was taken to the Hospital, however, he died on 30.03.2024. Hence, the complaint.
3.The learned counsel for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution. However, on suspicion, the respondent police has arrested the petitioner. Hence, the learned counsel prays for grant of bail to the petitioner.
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4.The learned Additional Public Prosecutor appearing for the respondent police opposes for grant of bail to the petitioner on the ground that the investigation is yet to be completed.
5. Considering the facts and circumstances of this case 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 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, Uthamapalayam, Theni District.
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;
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iii) The petitioner shall report before the respondent police daily at 10.30 a.m, until further orders. She has to co-operate for the investigation. iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner 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/- 18/06/2024 / TRUE COPY / 18/06/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
vrn TO 1.THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM, THENI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI.
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3.THE SUPERINTENDENT, SPECIAL WOMEN PRISON, MADURAI. 4.THE INSPECTOR OF POLICE, CUMBUM SOUTH POLICE STATION, THENI DISTRICT.
5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 cc to MR.D.RAJABOOPATHY, Advocate SR NO.6673 dated 19.06.2024
ORDER
IN CRL OP(MD) No.8846 of 2024 Date :18/06/2024 RK (18/06/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5