BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventeenth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10376 of 2011 (*)P. KALAIMANI ... PETITIONER/ACCUSED Vs THE INSPECTOR O F POLICE PULIVALAM POLICE STATION, TRICHY DT CR NO. 52/2010 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. K.M.BOOPATHY Advocate For Respondent : A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR, ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as an accused and she was arrested and remanded to judicial costody on 20.07.2011 for the alleged offence punishable under Section 174 Cr.P.C @ 306 IPC in Crime No.52 of 2010 on the file of the respondent police and hence, seeks bail. 2. The learned counsel for the petitioner would submit that the petitioner is the wife of the deceased and the marriage was performed between the deceased and the petitioner on 30.04.2009. He would further submit that after the marriage they are living with joint family and due to financial constraint the deceased went to the abroad for employment. However, he return back to India in the year 2010 because of his drunkeners. He would further submit that the deceased has borrowed money for getting employment in the foreign country and since the creditor frequently ask the money, the deceased has committed suicide by way of hanging on 05.04.2010. He would further submit that on the basis of the complaint given by the mother of the deceased, a case has been registered under Section 174 Cr.P.C and during the investigation, case has been altered into Section 306 IPC on 15.07.2011. He would further submit that the investigation is considerably over and the petitioner has not committed any offence for abetment of suicide and hence, he prays for enlargement on bail. 3. The learned Additional Public Prosecutor would submit that there was a quarrel between the spouses and the petitioner has abetted the deceased for commission of suicide. He would further submit that even though, a case has been registered under Section 174 Cr.P.C during the investigation case has been altered into one Section 306 IPC. He would further submit that the investigation is going on and only seven witnesses were examined and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides and on perusal of FIR., which would show that the marriage was performed between the deceased and the petitioner on 30.04.2009 and because of financial constraint the deceased went to abroad however, he return back to Inaid in the year 2010. The deceased was an alcoholic and he died in the https://hcservices.ecourts.gov.in/hcservices/ suspicious circumstances on 05.04.2010. On the basis of the complaint given by the mother of the deceased, a case has been registered under Section 174 Cr.P.C but during the investigation the case has been altered into section 306 IPC. On a persual of the case diary, which would show that on 22.02.2011 as per the order of this Court in Crl.O.P.(MD). No.14310 of 2010 three months time has been given to reinvestigation the case and file the charge sheet and on pursuant to which the case has been altered into section 306 IPC. 5. Considering the facts and circumstances of this case and also considering the fact that the investigation is considerably over, I am inclined to grant bail to the petitioner with certain conditions. 6. Accordingly the petitioner is ordered to be released on bail on her executing a 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 Court, Thuraiyur, and on further condition that the petitioner shall report before the Court concerned daily at 10.30 am., until further orders. Sd/- 17/08/2011 (*)Amended as per order dt.23.08.2011 by SPVJ / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE, THURAIYUR 2. THE CHIEF JUDICIAL MAGISTRATE, TRICHY 3. THE SUPERINTENDENT, SPECIAL PRISON FOR WOMEN, TRICHY-8 4. INSPECTOR O F POLICE PULIVALAM POLICE STATION, TRICHY DT 5. THE ADDITIONAL PUBLCI PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. K.M.BOOPATHY Advocate SR.No.28682 GH : 23.08.2011 : 2p/7c ORDER IN CRL OP(MD) No.10376 of 2011 Date :17/08/2011 https://hcservices.ecourts.gov.in/hcservices/