1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of September Two Thousand Eleven PRESENT The Hon`ble Ms. Justice R.MALA CRL OP(MD) No.11611 of 2011 1 MARIMUTHU 2 KUMARI ... PETITIONERS/ACCUSED 1&2 Vs STATE REP. BY, THE INSPECTOR OF POLICE CHOKKAMPATTI PSOLICE STATION, TIRUNELVELI DISTRICT. CRIME NO.161 OF 2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. D.ARUN JEYATRAM Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are arrayed as A1 and A2 and they were arrested and remanded to judicial custody on 17.08.2011 for the alleged offence punishable under Section 306 I.P.C, in Crime No.161 of 2011 on the file of the respondent police and hence, seek bail. 2. The learned counsel for the petitioners would submit that the petitioners are the husband and wife and they are innocent persons and they have been falsely implicated in this case. He further submitted that as per the direction of this Court the petitioners were surrender before the learned District and Sessions Court, Tirunelveli and filed a petition for bail in Cr.M.P.No.3282 of 2011 and the same was dismissed on 17.08.2011 and hence, he has come forward this application for enlargement on bail. 3. The learned Additional Public Prosecutor would submit that the petitioners have questioned the morality of the defacto complainant's daughter and hence, the defacto complainant's daughter committed suicide by pouring kerosene on her body and set fire herself. He further submitted that dying declaration was recorded, in which she made an overt act against this petitioners and the investigation is going on and hence, he prays for dismissal of this application. 4. Considering the facts and circumstances of this case and also considering the fact that the petitioners have questioned the morality of the defacto complainant's daughter as if she had illicit intimacy with one Narayanan while she was working at Kerela and due to which, the defacto complainant's daughter committed suicide by pouring kerosene on https://hcservices.ecourts.gov.in/hcservices/ 2 her body and set fire herself and even though in the dying declaration, she made an overt act against these petitioners, the occurrence had been taken place on 02.06.2011, I am inclined to grant bail to the petitioners with certain conditions. 5. Accordingly, petitioners are ordered to be released on bail on executing a separate 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, Tenkasi and on further condition that the petitioners shall report before the Court concerned daily at 10.30 a.m. until further orders. sd/- 05/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, TENKASI. 2. THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI. 3. THE INSPECTOR OF POLICE CHOKKAMPATTI POLICE STATION, TIRUNELVELI DISTRICT. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 5. THE SUPERINTENDENT, CENTRAL PRISON FOR WOMEN, PALAYAMKOTTAI. +1. CC to M/S. D.ARUN JEYATRAM Advocate SR.No.29771 ORDER IN CRL OP(MD) No.11611 of 2011 Date :05/09/2011 RJ/6.9.11 2p/7c https://hcservices.ecourts.gov.in/hcservices/