CRL OP(MD)/17459/2017 of VELLAIYAMMAL Vs THE INSPECTOR OF POLICE on 28 December 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Eighth day of December Two Thousand SeventeenPRESENT

The Hon`ble Mr Justice S.VAIDYANATHAN

CRL OP(MD) No.17459 of 2017

VELLAIYAMMAL

... PETITIONER / ACCUSED NO.2

Vs

STATE REP.BYTHE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT. CRIME NO.772/2017... RESPONDENT / COMPLAINANT

For Petitioner : M/S.V.KANNAN, Advocate

For Respondent : M/S.K.ANBARASAN, Government Advocate(Crl.Side)

PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/A2, who was arrested on 10.11.2017 and remandedto judicial custody on the same day for the offences punishableunder Sections 294(b), 323, 307, 302 r/w 109 IPC in Crime No.772 of2017 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the first accused inthis case is said to have set fire on the deceased / brother, byname Murugan and committed the offence of murder. The allegationagainst this petitioner is that she had illegal intimacy with A1that was objected to by the said Murugan and annoyed by the advicegiven by the deceased, the accused persons have murdered thedeceased, which resulted in registration of the present case.

3. The learned counsel for the petitioner has submitted thatbased on the dying declaration, the petitioner has been implicatedin this case and she is ready to abide by any conditions beingimposed by this Court.

4. The learned Government Advocate (Crl.Side) has stronglyobjected to the grant of bail, contending that the investigation ofthe case is in midway and if the petitioner/accused is let out onbail, there is every possibility of the accused tampering thehttps://hcservices.ecourts.gov.in/hcservices/witnesses/evidences and hampering the investigation.

5. Taking into consideration the serious nature of theallegations levelled against this petitioner and the fact that theinvestigation of the case is in progress, this Court is not inclinedto grant the relief as prayed for by the petitioner.

6. In the result, this Criminal Original Petition standsdismissed accordingly. sd/- 28/12/2017

/ TRUE COPY /

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT.

2. THE SUPERINTENDENT,CENTRAL PRISON FOR WOMEN, TRICHY.

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