BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11318 of 2011 SIVAKAMI ... PETITIONER/ACCUSED NO.1 Vs STATE REP BY THE INSPECTOR OF POLICE MANUR POLICE STATION TIRUNELVELI DISTRICT CR.NO.166/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. A.RAHUL Advocate For Respondent :Mr.A.RAMAR,Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The peitioner/Accused No.1 was arrested and remanded to judicial custody on 1.7.2011 for the alleged offences punishable under Section 302 of IPC in Crime No.166 of 2011 on the file of the respondent police and hence, seeks bail. 2.The learned counsel for the petitioder would submit that the petitioner is the first accsued and the second accused is the brother-in-law of the first accused and the defacto complainant is none other than the father of the deceased and the father-in-law of the petitioner herein. Firstly, the case has been registered on the death of Paulraj under Section 174 of Cr.P.C. and during the investigation , on the basis of the confession only, the case has been altered to 302 of IPC and the petitioner is nothing to do with the commission of offence and one Kalyanasundaram, who is rivalry for the deceased Petitioner gave a representation to the investigation agency but no steps has been taken and hence, he filed a petition for transfer of investigation, which is pending before this Court and the petitioner is having two children and she did not give any confession statement on 1.7.2011 and she prays for enlargemnet on bail. 3.The learned Additional Pubic Prosecutor (Crl.Side) would submit that on the death of the deceased Paulraj, a case has been registered under Section 174 of Cr.P.C. During the investigation only, the case has been altered to 302 of IPC and both of them arrested and confession has been given by them and https://hcservices.ecourts.gov.in/hcservices/ in that, it was stated that A1 and A2 has illicit intimacy and and that has been witnessed by the deceased and questioned by him and then both of them smothered the deceased with pillow and after committing the murder, they poured and poison on the deceased as if to show that the deceased has committed suicide and hence, he prays for dismissal of this application. 4.COnsidering the rival submissions made by both sides and on perusal of case diary, firstly the case has been registered on 3.5.2011 under Section 174 of Cr.P.C. stating that occurrence has been taken place on 3.5.2011 between 10 a.m. to 8 p.m. And complaint has been given on 19 hours and during the investigation, the accused were arrested and A1 is the wife of the deceased and A2 is the brother of the deceased and on perusal of post mortem report, it could be seen that death is caused due to strangulation and there is no evidence to show that the petitioner has committed suicide and after knowing the illicit intimacy with A1 and A2, the deceased questioned them and hence, the occurrence has been taken place. Admittedly, Criminal original Petition is filed for transfrer of investigation stating that there was a rival between deceased and Kalyanasundaram. Considering the same and the petitioner is in judicial custody for more than 2 months and investigation is consdierably over, I am inclined to grant bail to the petitiioner with certain conditions. 5.Accordingly, the petitioner is ordered to be relesed 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 No.V, Tirunelveli and on further condition that the petitioner shall apepar before the Judicial Magistrate No.V, Tirunelveli, daily at 10.30 a.m. until further orders. sd/- 07/09/2011 / TRUE COPY Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3.THE SUPERINTENDENT, SPECIAL PRISON FOR WOMEN, TIRUNELVLEI 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 5.THE INSPECTOR OF POLICE MANUR POLICE STATION, TIRUNELVELI DISTRICT +1. CC to M/S. A.RAHUL Advocate SR.No.30376 rl/7c – 9.9.2011 ORDER IN CRL OP(MD) No.11318 of 2011 Date :07/09/2011 https://hcservices.ecourts.gov.in/hcservices/