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Madras High CourtCRL OP(MD)/12122/2022granted

Veerammal v. The Inspector Of Police

2022-07-26Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.12122 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12122 of 2022

1. Veerammal

2. Mupidathi ... Petitioners/Accused Nos.3 & 4 Vs The State rep.by The Inspector of Police, Seithunganallur Police Station, Thoothukudi District.

(Crime No.73 of 2022). ... Respondent/Complainant For Petitioners : M/s.ANGUSAMY V, Advocate For Respondent : Mr.R.M.ANBUNITHI, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.73 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused herein, who were arrested on 07.05.2022 for the alleged offence under Sections 147, 148, 294(b), 449, 302 and 506(ii) of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.73 of 2022on the file of the respondent police, seek bail.

2.The case of the prosecution is that the deceased Meena married one Esakkipandi and they had a child. Thereafter, the deceased eloped with one person, belongs to Vellore and later she was secured. Again, she eloped with one Muthu and they got married on 06.05.2022. While the deceased came to the village temple, the first accused made a criminal intimidation. On the same day at about 10AM, when the deceased was in the house, the accused persons came there and assaulted her with lethal weapons, thereby, causing death. Hence the complaint.

3.The learned counsel for the petitioner submitted that the petitioners are innocent persons and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. The earlier petition was already dismissed as withdrawn by this Court and this is the second bail petition. The petitioners are in custody from 07.05.2022. The prime accused, ie., A1 and A2 were already enlarged on bail by the Principal District Judge, Thoothukudi in Crl.M.P.No.3476 and 3714 of 2022. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.12122 of 2022 4.The learned Additional Public Prosecutor submitted that there was previous dispute between the parties and the investigation is not yet completed.

5.Considering the fact that the prime accused, ie., A1 and A2 were already enlarged on bail by the lower Court and since the petitioners are standing on the same footing and also considering the period of incarceration already undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Srivaikundam, and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 26/07/2022 / TRUE COPY / 26/07/2022 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 NO.II, SRIVAKUNDAM. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE OFFICER INCHARGE KOKKARAKULAM WOMENS PRISON, TIRUNELVELI.

4 THE INSPECTOR OF POLICE, SEITHUNGANALLUR POLICE STATION, THOOTHUKUDI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.12122 of 2022 Date :26/07/2022 SA/VR/SAR.1/26.07.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2