Pandiammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN Pandiammal, ... Petitioner/Accused No.2 Vs State Rep by The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

Crime No.203 of 2019. ... Respondent/Complainant For Petitioner : M/s. A. Arputharaj, Advocate.

For Respondent : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.203 of 2019 on the file of the respondent ORDER : The Court Made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent. 2.The petitioner is figuring as second accused in Crime No.203 of 2019 registered on the file of the respondent Police for the offences under Sections 120(b) and 302 of IPC.

3. The defacto complainant is the daughter-in-law of the petitioner. The petitioner is said to be behind the murder of her own husband. The case as set out in the FIR is that the deceased was addicted to liquor and that he was proposing to sell their residential property and that is said to be the motive for committing the crime.

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4. The petitioner is in custody for almost 60 days. Investigation appears to be almost over. Hence, the petitioner is enlarged 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, Paramakudi.

(ii) the petitioner shall appear before the respondent police as and when required for interrogation;

(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioner shall not abscond either during investigation or 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.

5.This criminal original petition is allowed. sd/- 04/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, PARAMAKUDI.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM

3. THE INSPECTOR OF POLICE, PARAMAKUDI TOWN POLICE STATION, RAMANATHAPURAM DISTRICT.

4. THE OFFICER INCHARGE, SPECIAL PRISON, MADURAI.

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

+1CC TO MR.S.SABBANI KARBURAJOTHI, Advocate Sr. No. 14789

ORDER

IN CRL OP(MD) No.11984 of 2019 Date : 04/09/2019 TR/PN/SAR-III (04.09.2019) 3P 7C 3/3