1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Nineteenth day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.13865 of 2011 INDIRANI ... PETITIONER/ACCUSED NO.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, TUTICORIN DISTRICT, CRIME NO.835/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. R.ANAND Advocate For Respondent : MRS. S.PRABHA, Government Advocate (Crl.side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the second accused in Crime No.835 of 2011 on the file of the respondent police for offences under Sections 341 and 302 IPC. She was arrested on 11.09.2011. She has come forward with this petition seeking bail. 2.According to the case of prosecution, the deceased was the elder son of the petitioner. The first accused is the younger son. The deceased was living apart. On the date of occurrence, he came all the way to the house of the accused demanding a share in the property and developed quarrel. IN the said quarrel, it is stated that the first accused attacked the deceased with stick. The petitioner also aided the first accused is the allegation. 3.The learned counsel for the petitioner would submit that the petitioner is an aged woman, now aged 63 years and there is no specific overt act attributed against her. 4.I have considered the above submissions. 5.Indisputably the petitioner is the mother and she is aged 63 years. Even according to the case of prosecution, there is no previous motive. The https://hcservices.ecourts.gov.in/hcservices/ 2 occurrence itself was a spontaneous one and due to quarrel. The said quarrel itself was developed only by the deceased and insofar as the overt act is concerned, it is only the first accused, who attacked the deceased with stick. There is no other specific overt act attributed to the petitioner. Having regard to all the above submissions, apart from that the petitioner being a woman enjoys a special status under Section 437 Cr.P.C., I am inclined to grant bail to the petitioner, but with stringent conditions. 6.In the result, this petition is ordered and bail is granted to the petitioner on the following conditions:- i)The petitioner shall be enlarged on bail on his 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 Judicial Magistrate No.I, Kovilpatti; and ii)the petitioner shall report before the All Women Police Station, Kovilpatti, everyday at 10.30 a.m., until further orders. sd/- 19/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO,I, KOVILPATTI 2 THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN 3 THE OFFICER INCHARGE, SPECIAL PRISON FOR WOMAN, KOKKARAKULAM 4 THE OFFICER INCHARGE, ALL WOMEN POLICE STATION, KOVILPATTI 5 THE INSPECTOR OF POLICE, KOVILPATTI EAST POLICE STATION, TUTICORIN DISTRICT 6 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. R.ANAND Advocate SR.No.36148 ORDER IN CRL OP(MD) No.13865 of 2011 Date :19/10/2011 TR :19.10.2011: 2p/8c https://hcservices.ecourts.gov.in/hcservices/