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Madras High CourtCRL OP(MD)/12291/2020partly allowed

Sakthipandi v. The Inspector Of Police

2020-11-04Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/11/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN

1. Sakthipandi

2. Anguthai (in FIR, the 2nd Petitioner Name Was Wrongly Mentioned as Angammal) ... Petitioners/Accused Nos.1 & 2 Vs State Rep.by The Inspector of Police, Virudhunagar West P.S., Virudhunagar District.

Crime No.616/2020.

... Respondent/Complainant For Petitioners: M/s.A.Jayaramachandran, Advocate. For Respondent : Mrs.M.Anantha Devi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.616/2020 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 04.10.2020 for the offences punishable under Sections 174

(3) of Cr.P.C, 294 (b) and 306 of IPC, in Crime No.616/2020 on the file of the respondent police seek bail.

2.The case of the prosecution is that the 1st petitioner had illegal intimacy with the deceased. The deceased already got married and on 03.10.2020, when the defacto complainant and his family members were sleeping in their house, the 1st accused went to the house of the deceased and he had been got red handed by the family members. The 2nd accused, who is the mother of the 1st accused came to the place of occurrence and scolded the deceased with filthy language for their illegal relationship. On the same date, at about 4.30 p.m she poured kerosene and set out fire on herself and died. 1/3

3.The learned counsel for the petitioners would submit that the petitioners were arrested and remanded to judicial custody on 04.10.2020. The petitioners are neighbours to the defacto complainant. The defacto complainant usually suspects his wife's fidelity very often and quarreled with the deceased. Therefore, on the date of occurrence also there was a quarrel between them and as such, the deceased poured kerosene and set out fire on herself and committed suicide. The petitioners are no way connected with the offence as alleged by the prosecution. Hence, he prayed for bail to the petitioners.

4. The learned Government Advocate(Crl.Side) would submit that the 1st accused had illegal intimacy with the deceased. The 1st accused had been got red handed by the defacto complainant namely the husband of the deceased. The 2nd accused, who is the mother of the 1st accused came to the house of the defacto complainant and scolded the deceased with filthy language for their illegal relationship and also threatened her as 'go and die'. Only on her instigation, the 1st accused went to the house of the deceased. Hence, the accused only induced the deceased to commit suicide. He further submitted that the 2nd petitioner namely Anguthai was wrongly mentioned as Angammal in FIR.

5.It is seen that the petitioners are arrayed as A1 & A2. The 1st accused had illegal intimacy with the deceased and on the date of occurrence on 04.10.2020, he had been got red-handed by the defacto complainant namely the husband of the deceased. The 2nd accused namely the mother of the 1st accused went to the house of the deceased and scolded her with filthy language. Therefore, at about 4.30 p.m the deceased committed suicide by pouring kerosene and set out fire on herself. Insofar as the 2nd petitioner is concerned, the mother of the 1st accused only after known the fact that the 1st accused had illegal intimacy with the deceased, she went to the house of the deceased and scolded her.

6.Considering the above facts and circumstances, this petition is dismissed as against the 1st petitioner. Insofar as the 2nd petitioner is concerned, she is being the mother of the 1st accused, this Court is inclined to grant bail to her subject to the following conditions:

7.Accordingly, the 2nd petitioner is ordered to be released on bail on her executing 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-No.1, Virudhunagar. i) the sureties shall affix her photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of her Aadhar card or Bank Pass Book to ensure their identity 2/3

ii) the 2nd petitioner shall appear before the respondent police at 10.30 a.m without fail for a period of two weeks and thereafter as and when required for introgation.

iii)the 2nd petitioner shall not tamper with evidence or witness.

iv) the 2nd petitioner shall not abscond during trial. v)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 04/11/2020 / TRUE COPY / / /2020 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.I, VIRUDHUNAGAR.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILIPUTTUR.

3. THE OFFICER INCHARGE,SUB JAIL, VIRUDHUNAGAR.

4. THE OFFICER INCHARGE, WOMEN SUB JAIL, NILAKKOTTAI.

5. THE INSPECTOR OF POLICE, VIRUDHUNAGAR WEST P.S., VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.12291 of 2020 Date :04/11/2020 MS/PN/SAR-2/04.11.2020/3P.7C 3/3