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.10160 of 2011 SIVA ... PETITIONER/SOLE ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE, THIRUMANGALAM TOWN POLICE STATION IN CRIME NO. 377 OF 2011 MADURAI DISTRICT ...RESPONDENT/COMPLAINANT For Petitioner : M/S.T.K.GOPALAN 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 petitioner is arrayed as an accused and he was arrested and remanded to judicial custody on 09.07.2011 for the alleged offence punishable under Section 302 I.P.C. in Crime No.377 of 2011 on the file of the respondent police and hence, seeks bail. 2.The learned counsel for the petitioner would submit tht the petitioner is an innocent person and a false case has been foisted agaisnt the petitioner under Section 302 I.P.C. He would further submit that the petitioner is an auto driver and the deceased is a widow and she has two sons and the petitioner was havaing illicit intimacy with the deceased and when the parents of the petitioner has made arrangement for his marriage and this factum has been intimated to deceased Angala Easwari and she compelled the petitioner to tie Thali on her neck and accept her as his wife and it was refused by him and hence, she poured kerosene herself and set fire and while the petitioner tried to extingusih the fire and he sustained injury but the deceased herself gave a complaint, wherein, she implicated the petitioner and hence, the petitioner was arrested on 09.07.2011 and he is judicial custody for nearly 60 days and the investigation is considerably over and hence, he prayed for the enlargement of bail to the petitioner. 3.Repudiating the same, the learned Additional Public Prosecutor would submit that on the basis of the complaint given by the deceased, a case has been registered for the offence under Section 307 I.P.C., wherein , it has been specifically stated that the petitioner/accused has committed the murder and she was admitted in the hospital and since she died, the case has been altered from 307 I.P.C. to one under https://hcservices.ecourts.gov.in/hcservices/ Section 302 I.P.C. and the investigation is going on and there is a motive for commission of offence and hence, he prayed for the dismissal of the application. 4.I have considered the rival submission made on either side and perused the material available on records. 5.Perusal of the case diary would submit that the alleged occurrence has been taken place on 03.07.2011 at 01.00 p.m. And the complaint has been given at 21.00 p.m. and the deceased herself is the complainant. In that, she has stated that the petitioner abused her stating that he wanted to marry another girl and when the deceased stated that he will give a complaint before the police, the petitioner got wild and he poured the kerosene on the deceased and set fire and hence, he also sustained injury. 6.Perusal of the A.R.Copy of the Angala Eswari, it has been stated that there are burns by pouring of kerosene by her husband and the doctor has mentioned 50% burns. In the A.R. Copy of the petitioner, it has been stated that the patient alleged to have sustained the injury due to a known person around 2.00 p.m. On 03.07.2011 at his residence and he never stated that while he extinguised the fire, he sustained injury and hence, there is prima facie motive of commission of offence. 7.In such circumstances, I am of the view that since the investigation is going on, if the petitioner is enlarged on bail, he will tamper the witnesses and abscond from the jurisdiction and hence, I am not inclined to grant bail to the petitioner and the criminal original petition deserves to be dismissed and accordingly, the same is dismissed. sd/- 07/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE ISPECTOR OF POLICE, THIRUMANGALAM TOWN POLICE STATION MADURAI DISTRICT 2.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.T.K.GOPALAN Advocate SR.No.30334 rl/5c – 9.9.2011 ORDER IN CRL OP(MD) No.10160 of 2011 Date :07/09/2011 https://hcservices.ecourts.gov.in/hcservices/