Villammal v. The Inspector Of Police

CRL OP(MD). No.18703 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.18703 of 2022 Villammal ... Petitioner/Accused No.4 Vs The State Rep.by The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

(Crime No.123/2022).

... Respondent/Complainant For Petitioner : M/s.Mahendrarajan B, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.123/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A4, who was arrested and remanded to judicial custody for the offence under Sections 342, 297, 355, 376(D), 506(ii), 414, 34 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.123 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that A1 along with other accused were committed gang rape upon the victim and robbed the golden article and money, value of Rs.14,000/- belonging to the victim. The offence was committed in front of the boy friend of the victim.

3.The learned counsel for the petitioner would submit that based on the confession statement of the co-accused, the petitioner has been arrayed as accused in this case. The petitioner is in judicial custody for the past 148 days. Hence, he prays for bail. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.18703 of 2022 4.The learned Additional Public Prosecutor strongly opposed this petition stating that the petitioner is the mother of A1 and she is having 23 previous cases and A1 and A2 are still in judicial custody. He would further submit that the investigation has been completed and the charge sheet has already been filed and the same was taken on file in S.C.No.149 of 2022 before the learned Sessions Judge, Fast Track Mahila Court, Ramanathapuram and the case is pending for trial.

5.Considering the seriousness and gravity of the offence and also considering the bad antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner. Hence, this petition is dismissed.

6.However, the learned Sessions Judge, Fast Track Mahila Court, Ramanathapuram, is directed to complete the trial and dispose of the case in S.C.No.149 of 2022 within a period of two months from the date of receipt of a copy of this order.

sd/- 19/10/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO

1. The Sessions Judge, Fast Track Mahila Court, Ramanathapuram.

2. The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

3. The Superintendent, Central Jail, Madurai.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.18703 of 2022 Date :19/10/2022 https://www.mhc.tn.gov.in/judis RD/SSS/SAR-I (02/11/2022) 2P 6C 2/2