Meenakshi v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15772 of 2018 MEENAKSHI ... PETITIONER / 2nd ACCUSED Vs STATE REP. BY THE SUB INSPECTOR OF POLICE, KALAIYARKOVIL POLICE STATION, SIVAGANGAI DISTRICT, (CRIME NO.356/2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.PRABHU RAJADURAI Advocate For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody since 22.07.2018 for the offences punishable under Sections 147, 148, 323, 324, 427 an 506(ii) of I.P.C., altered into Sections 147, 148, 323, 324, 427, 506(ii) and 302 of I.P.C. in Crime No.356 of 2018, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 18.07.2018, the first accused and other accused have started quarrel with the defacto complainant and her mother-in-law. When the first accused attacked the defacto complainant with iron rod and her mother-in-law, he petitioner/A2 and A3 to 5 pushed down the deceased and thereafter she has been admitted in the hospital, where, on 21.08.2018, she died. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is aged about 65 years and as far as the petitioner's overt act is concerned, even as per the first information report, the petitioner and her daughters viz., A3 to A5 pushed down the deceased, when A1 attacked the deceased and the wordy quarrel arose between both the parties is with regard to the construction of a both room. He would further submit that the petitioner is incarceration from 22.07.2018.

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4.The learned Additional Public Prosecutor would submit that the investigation is pending.

6.Considering the facts and circumstances of the case and considering the period of incarceration, this Court is inclined to enlarge the petitioner on bail with certain conditions. 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 No.I, Sivagangai;

(ii) the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders.

sd/- 10/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.

3 THE SUB INSPECTOR OF POLICE, KALAIYARKOVIL POLICE STATION, SIVAGANGAI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.G.PRABHU RAJADURAI Advocate SR.No.17217

ORDER

IN CRL OP(MD) No.15772 of 2018 Date :10/09/2018 JM/VR MMS/SAR 3/10.09.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/