Sridevi Kaliselvam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Sridevi Kaliselvam ... Petitioner/ Accused Rank not known Vs The State rep.by, The Inspector of Police, Courtallam Police Station, Tenkasi District.
Crime No.177 of 2022.
... Respondent/Complainant For Petitioner : M/s. Karthick.R.J, 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. 177 of 2022 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 10.05.2022 for the alleged offence under Sections 302 IPC @ 120(B), 212 and 302 IPC in Crime No.177 of 2022, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the defacto complainant lodged a complaint stating that his father said to have been settled the land measuring 43 Cents of land in favour of her son. Apart from this, he has executed the settlement deed measuring about 1.82 acres in favour her mother and two persons. After the death of her mother, the above said land came into possession of her father and he divided the same and allotted to each person. But, 1/3
however, the said property is under the possession of her father. Generally, the defacto complainant's father went to the land daily at 5.30 am and return back on 7.15 am. On the date of occurrence, at about 5.30 am he went to the land and finding that he has not returned in that particular time. When she went on search, she found his body at near by odai upon the injuries. He was taken to the hospital where he was declared as dead. Based upon the above said occurrence the said case has been registered. During the course of investigation, the involvement of six persons came to be noticed and this petitioner was arrested and remanded to judicial custody.
3. According to the prosecution, due to the property dispute, this petitioner is alleged to have arranged the henchman for committing the murder of the deceased.
4.The learned counsel for the petitioner submitted that co accused viz., Vasantha kumar @ Ganesan, Magesh @ Sadukkan and Paramasivan have already been released on bail by the Principal Sessions judge, Thirunelveli in Cr.M.P.No.6210 of 2022, dated 15.07.2022.
5.The learned Government Advocate (Crl. Side) appearing for the respondent police would submit that already the investigation has been completed and final report was filed and the same was taken on file in PRC.No.19 of 2022 by the committal Court. 6.Considering the period of incarceration and the fact that the final report has been filed before the concerned Court and the co-accused have already been released on bail by the Sessions Judge and the committal proceedings is going on, this Court is inclined to grant bail to the petitioner with stringent conditions. 7.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on 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, Shencottah and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.
sd/- 19/07/2022 / TRUE COPY / 20/07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1.THE JUDICIAL MAGISTRATE, SHENCOTTAH.
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3.THE OFFICER IN CHARGE, SPECIAL SUB JAIL FOR WOMEN, KOKKIRAKULAM, TIRUNELVELI. 4.THE INSPECTOR OF POLICE, COURTALLAM POLICE STATION, TENKASI DISTRICT.
5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.12725 of 2022 Date :19/07/2022 RK/SVR/SAR-II/20.07.2022/3P/6C 3/3