BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Second day of November Two Thousand Eleven PRESENT The Hon`ble Mr. Justice S.NAGAMUTHU CRL OP(MD) No.13763 of 2011 1 VIRUMAYEE 2 S. VEERAPANDIAN 3 POTHUMANI ... PETITIONER / ACCUSED PERSONS A2-A4 Vs STATE REP. BY THE INSPECTOR OF POLICE NAGAMALAIPUDUKOTTAI P.S, MADURAI ... RESPONDENT(S) / COMPLAINANT(S) For Petitioner : M/S. V.PAVEL Advocate For Respondent : MR.K.S.DURAIPANDIAN, Addl. Public Prosecutor (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for offences under Sections 302 r/w. 109 of the Indian Penal Code in Crime No.342 of 2011, the petitioners are before this Court seeking anticipatory bail. 2.According to the case of the prosecution, the deceased was the wife of the first accused. Out of the wedlock, they have got a child also. Thereafter, there were quarrels between the husband and wife. Finally the deceased was set on fire by the first accused on 14.09.2011. She was immediately taken to the hospital where, she preferred a complaint. A dying declaration has been recorded from her. In the F.I.R, she has not stated anything about the participation of these accused in the alleged crime. 3.The learned counsel for the petitioner would submit that the first petitioner is the mother-in-law of the deceased. The third petitioner is the sister of the first petitioner. The second petitioner is the brother-in-law of the deceased. He would point out that absolutely there is no overt act attributed as against these petitioners. 4.I have considered the above submissions. 5.In the F.I.R, it has been stated that the first accused set fire on the deceased and committed murder and nothing has been stated against these petitioners. In the F.I.R, it has also been stated that the complaint was lodged by the deceased while she was in the hospital at the earliest stage, and subsequently, judicial dying declaration was also recorded. Even in that, it is not stated that these accused were either present at the time of occurrence or were party to the commission of the https://hcservices.ecourts.gov.in/hcservices/ crime. They have been included as accused only by invoking Section 109 I.P.C., even to invoke that as of now, there are no sufficient materials brought to the notice of this Court. The first petitioner is a woman and she is mother-in-law and third petitioner is the yet another woman, who is the sister of the first petitioner. These people have been arrayed as accused, because they happens to be the close relatives of the first accused, it is contented by the learned counsel. 6.Having regard to the above facts more particularly the fact that the petitioners were not at all present at the time of occurrence and no material as of now is brought to the notice of this Court to show that these petitioners had participated in the alleged crime and induced the first accused to commit the murder of the deceased, I am inclined to grant anticipatory bail to the petitioners but with conditions. 8.Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Madurai and each of them 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the second petitioner shall report before the respondent police until further orders and the petitioners 1 and 3 shall report before the All women Police Station, Thiruparankundram every day at 10.30 a.m., for a period of eight weeks. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. sd/- 02/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE NO.II, MADURAI. 2. THE CHIEF JUDICIAL MAGISTRATE MADURAI. 3. THE INSPECTOR OF POLICE NAGAMALAIPUDUKOTTAI POLICE STATION, MADURAI 4. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MADURAI. 5. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. V.PAVEL Advocate SR.No.37513 ORDER IN CRL OP(MD) No.13763 of 2011 Date :02/11/2011 RJ/4.11.11/(2p/7c) https://hcservices.ecourts.gov.in/hcservices/