Uma v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Uma

2. Ramamani ... Petitioners/Accused No.1&2 Vs The State Rep. By, The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

Crime No. 1156 of 2020.

... Respondent/Complainant For Petitioner : M/s.Udhayakumar R, Advocate.

For Respondent : Mr.RMS.Sethuraman, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.1156 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 and A2 herein, who were arrested on 04.07.2022 for the alleged offence under Sections 294(b), 352, 324, 307 of IPC @ 294(b), 353, 302 IPC, in Crime No.1156 of 2020 on the file of the respondent police, seek bail.

2.The case of the prosecution is that the defacto complainant is the deceased. While she was admitted in the hospital with burn injuries, she gave statement that one Jegadeeswaran belongs to her village and some days prior to the occurrence, the aforesaid Jagadeeswaran took a Car, which belongs to the defacto complainant's family and later, returned the same. At that time, there was power cut. The aforesaid Jagadeeswaran tried to mishave with her. She raised voice. The said Jegadeeswaran was condemned and warned by her brother. On the next day, the aforesaid Jegadeeswaran committed 1/3

suicide. On 22.08.2020, at about 1.30 p.m., the accused who are the close relatives of the aforesaid Jagadeeswaran, picked up quarrel stating that she is responsible for the suicide of Jagadeeswaran and they caused assault. She was rescued by her mother. Later, on the same day itself, the accused persons came to her house and poured kerosene and set fire, as a result of which, she sustained burn injury. She was taken to the hospital, where she gave a statement. Dying declaration was also recorded by the learned Judicial Magisterial, Additional Mahila Court, Thanjavur, wherein, she has also implicated these petitioners for the injuries. Later, she died in the hospital. So, the case was altered to Section 302 IPC and the investigation was also undertaken.

3.The earlier bail application filed by these petitioners before this Court was came to be dismissed. During the pendency of the investigation, the petitioners have filed so many petitions for stalling the investigation process. But, later, the applications were dismissed on various occasions. Only, thereafter, the petitioners surrendered before the respondent and they were remanded to judicial custody. Now they are in custody for more than 70 days. 4.The learned Additional Public Prosecutor appearing for the respondent police submitted that the investigation has been completed and final report is also made ready and the same will be presented before the concerned Court after completing the official formalities.

5.Considering the period of incarceration and considering the fact that the investigation has been completed and the final report was also ready and yet to be produced before the concerned Court, this Court is inclined to grant bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Pattukkottai, Thanjavur District and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 14/09/2022 / TRUE COPY / 15/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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, PATTUKOTTAI, THANJAVUR DISTRICT.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI DISTRICT.

4. THE INSPECTOR OF POLICE, VATTATHIKOTTAI POLICE STATION, THANJAVUR DISTRICT.

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

+1 CC to M/s.R.UDHAYAKUMAR, Advocate ( SR-9965[I] dated 14/09/2022 )

ORDER

IN CRL OP(MD) No.16476 of 2022 Date :14/09/2022 tm USK/VRS/SAR-III/15.09.2022/3P/7C 3/3