1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Tuesday, the Twentieth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11161 of 2011 1 NALLALAGU, 2 RAMKUMAR :PETITIONERS / ACCUSED NO.1&2 -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, PARTHIBANOOR POLICE STATION, RAMNAD DT. :RESPONDENT / COMPLAINANT For Petitioner : M/S. V.KANNAN Advocate For Respondent : MR.A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR. PETITION FOR BAIL Under Sec.439 Cr.P.C. ORDER:The Court Made the following order:- The petitioners/Accused Nos.1&2 were arrested and remanded to judicial custody on 2.7.2011 for the alleged offences punishable under 342, 364, 302 and 201 of IPC in Crime No.1 of 2010 on the file of the respondent police and hence, seeks bail. 2.The learned counsel for the petitioners would submit that the petitioners are father and son of the first petitioner's daughter one Ramya was abducted by the deceased and they got married. The said Gobi was died in suspicious circumstances and the case has been registered under section 174 of Cr.P.C on 2.1.2010 on the basis of the complaint given by Village Administrative Officer, Mela Parthibanoor Village and during the investigation only, the case has been altered into 342, 364, 302 and 201 of IPC and the petitioners were arrested on 2.7.2011 and they are in custody for more than 78 days and hence, they come forward with this application and prays for enlargement on bail. 3.The learned Additional Public Prosecutor (Crl.side) would submit that the first petitioner's daughter fell in love with Gobi and both are belonging to different community and they got married and the said Gobi was died in the suspicious circumstances and hence, the case has been registered under section 174 of Cr.P.C and during the investigation only, the petitioners were arrested and the case has been altered into sections 342, 364, 302, and 201 of IPC. He further submitted that on the basis of the statement given by PW2 Balu, who is the brother of Gobi, the petitioners were arrested and the investigation is going on and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Considering the rival submissions made by both sides and on perusal of case diary, on 2.1.2010 a case has been registered under section 174 Cr.P.C for suspicious death on the basis of the complaint given by one VAO of Mela Pathibanoor and during the investigation only, case has been altered into section 342, 364, 302 and 201 of IPC on 2.7.2011 and then only witnesses were examined and investigation agency came to know that the first petitioner's daughter was having love affair with deceased Gobi and they ran away from the village and they got married and even though they were separated, the alleged occurrence has been taken place and the case has been registered on 2.1.2010 for the suspicious death and during the investigation only, the case has been altered and the petitioners were arrested on the basis of the statement given by witness No.2 Balu, who is brother of deceased Gobi. Considering the gravity of offence and considering the fact that both the deceased and the first petitioner are belonging to different community and after their marriage, they were separated and the said Gobi was murdered and the Hon'ble Apex Court has taken a serious view in respect of honour killing and the alleged occurrence has been taken place on 2.1.2010 and the petitioners were arrested on 2.7.2011 in such circumstances, I do not find any merits in this application and the application deserves to be dismissed and the petition is hereby dismissed. sd/- 20/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO: 1.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 2.The Inspector of Police, Parthibanoor Police Station, Ramnad District. 3.The Superintendent, Central Prison, Madurai. +1. CC to M/S. V.KANNAN Advocate SR.No.32145. RP/26.09.2011/2P/5C. ORDER IN CRL OP(MD) No.11161/11 Date :20/09/2011. https://hcservices.ecourts.gov.in/hcservices/