Madras High CourtCRL OP(MD)/21028/2024allowed

Vijaya v. The State Of Tamilnadu

2024-12-02Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD). No.21028 of 2024 1.Vijaya, 2.Chellammal, 3.Muniyammal, ... Petitioners/Accused 2,4 & 6 Vs The State of Tamilnadu, Represented by, The Inspector of Police, Karuppayurani Police Station, Madurai District.

(Crime No.102 of 2024) ... Respondent / Complainant For Petitioners: Mr.A.Ramkumar, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 102 of 2024 on the file of the respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners / Accused 2,4 & 6, who were arrested and remanded to judicial custody on 16.10.2024 for the alleged offence under Sections 191(2), 191(3), 296(b), 126 (2), 103(1), 351(3) of BNS, 2023, in Crime No.102 of 2024, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the son of A1 and A4 was allegedly murdered by the deceased. Thereafter, the deceased is said to have left the place and was living with in his mother-in-law's house. He returned back to the village after nearly 20 days after the earlier incident. At that point of time, the accused persons are said to have abused the deceased and the defacto complainant in filthy language and A1 to A3 are said to have chased the deceased and assaulted him with aruval and knife and as a result the deceased died on that spot. The petitioners, who are A4 to A6, are said to have instigated the other accused persons for committing murder. A4 is the wife of A1. A5 and A6 are the younger sisters of A1.

3. The earlier bail petition filed by these petitioners in Crl.OP(MD).No.19712 of 2024 was dismissed by this Court by an order dated 14.11.2024 on the ground that the investigation was at its nascent stage and it was a case of retaliation murder.

4. Heard the learned counsel on either side and perused the material records of the case.

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5. Taking into consideration the facts and circumstances of the case and also considering the fact that the allegations against the petitioners are that they instigated the other accused persons to commit murder and also considering the fact that the petitioners are ladies, who have suffered incarceration from 16.10.2024, this Court is inclined to grant bail to the petitioners subject to the following conditions:

6. Accordingly, the petitioners are ordered to be released on bail on their executing a 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 No.II, Madurai, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall report before the respondent Police daily at 10.30 a.m. until further orders.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with 3/5

law as if the conditions have been imposed and the petitioners 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023 sd/- 02/12/2024 / TRUE COPY / 02 / 12 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PAL TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE, KARUPPAYURANI POLICE STATION, MADURAI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON FOR WOMEN, MADURAI.

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

+1. CC to M/S. A.RAMKUMAR Advocate SR.No.14818(I) dated 03/12/2024

ORDER

IN Date :02/12/2024 PSP/ /SAR /02.12.2024/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5