Valarmathi @ Kannapappa v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRL OP(MD) No.22825 of 2018 VALARMATHI@ KANNAPAPPA ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, THOTTIYAM POLICE STATION, TRICHY DISTRICT.
( IN CRIME NO. 287 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.K.M.KARUNAKARAN Advocate For Respondent : Mr.A.ROBINSON Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner / A2 is remanded to judicial custody in Crime No.287 of 2018 on the file of the respondent police for the offence punishable under Section 302 IPC and she seeks bail. 2.The case of the prosecution is that there was a previous motive between the first accused and the de facto complainant and due to the same all the three accused attacked the deceased who is the father of the defacto complainant and caused his death. Hence, the complaint.
3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate [Criminal Side] for the respondent State.
4.According to the petitioner, there are totally three accused. The first accused is the husband of the second accused and the third accused is their son and she has been arrayed as A2. The overt act alleged against the petitioner is that she attacked the deceased on his chest and near the right eye. The petitioner voluntarily surrendered before the Court on 08.11.2018 and she is in custody for the past 50 days. There is no recovery from the petitioner. 5.The learned Government Advocate [Criminal Side] opposed for grant of bail. He submitted that earlier there was a motive between the deceased and the accused for which, a case was registered, due to which, the petitioner and the other accused assaulted the deceased. He further submitted that the investigation is almost https://hcservices.ecourts.gov.in/hcservices/
completed and viscera report is awaited.
6.This Court has considered the submissions of the learned counsel on either side.
7.It is seen from the records that earlier, the defacto complainant's brother Vimal had attacked the first accused and in this regard, the first accused has given a complaint against the defacto complainant and his brother - Vimal. The defacto complainant's brother was an accused in a murder case. Considering the above and also considering the fact that the petitioner, who is arrayed as A2, who is a woman, has been in incarceration for more than 50 days and also taking into account the fact that the investigation has almost been completed, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions: (i) the petitioner shall execute a 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, Musiri, Tiruchirappalli District.
(ii) Considering the previous case registered in-between the parties, the petitioner shall stay at Villupuram and report before the Villupuram Town Police Station daily at 10.30 a.m until further orders;
sd/- 27/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, MUSIRI,TIRUCHIRAPPALLI DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, TRICHIRAPPALLI. 3 THE INSPECTOR OF POLICE, THOTTIYAM POLICE STATION, TRICHY DISTRICT.
4 THE INSPECTOR OF POLICE, VILLUPURAM TOWN POLICE STATION. 5 THE OFFICER INCHARGE, SPECIAL PRISON FOR WOMEN,TRICHY. 6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.K.M.KARUNAKARAN Advocate SR.No.24098 PS/VR/SAR-1/28.12.2018/2P/8C
ORDER
IN CRL OP(MD) No.22825 of 2018 Date :27/12/2018 https://hcservices.ecourts.gov.in/hcservices/