Jayalakshmi 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 Jeyalakshmi ... Petitioner/Accused No.4 Vs The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District.
(Crime No.222 of 2024) ... Respondents For Petitioner :
Mr.R.Alagumani, 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.222 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested on 25.05.2024 for the alleged offence under Sections 147, 294(b), 323, 324 and 307 of IPC @ 147, 294(b), 323, 324 and 302 of IPC in Crime No.222 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 21.05.2024, the defacto complainant and 1/4
her husband went to Muthumariamman Temple at Annai Sathya Nagar, Srivilliputhur to install a Lion Idol and at that time, there was a quarrel between the accused persons and the defacto complainant's husband, due to which, the accused persons have assaulted the defacto complainant's husband by iron laddle and stone. Therefore, the husband of the defacto complainant has sustained grievous injuries. He has been admitted in the Hospital for treatment and subsequently, he died. 3.The learned counsel for the petitioner submits that the petitioner is an innocent and she has been falsely implicated in this case. She has not committed any offence as alleged by the prosecution. He further submits that the petitioner's name was not found in the First Information Report. 4.The learned Additional Public Prosecutor appearing for the respondent police submits that the specific overt act attributed as against this petitioner is that the petitioner was present in the scene of occurrence along with the first accused. He further submits that the investigation in this case is yet to be completed.
5. Considering the facts and circumstances of this case, considering the period of incarceration and also the fact that the petitioner's name has not been mentioned in the First Information Report, 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 2/4
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 No.II, Srivilliputhur. 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 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 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.
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 Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE NO.II, SRIVILLIPUTHUR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.
3 THE SUPERINTENDENT, SPECIAL PRISON FOR WOMEN, MADURAI. 4 THE INSPECTOR OF POLICE, SRIVILLIPUTHUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.ALAGUMANI, Advocate ( SR-6606[I] dated 18/06/2024 )
ORDER
IN CRL OP(MD) No.8847 of 2024 Date :18/06/2024 RS//SAR-(18.06.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4