1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of September Two Thousand Eleven PRESENT The Hon`ble Ms. Justice R.MALA CRL OP(MD) No.11115 of 2011 1 MARIA MICHEAL 2 MARIA ALPHONSAL ... PETITIONERS / ACCUSED 2 & 3 Vs THE STATE OF TAMIL NADU REPRESENTED BY THE INSPECTOR OF POLICE, ERANIEL POLICE STATION, KANYAKUMARI DISTRICT. CRIME NO.431 OF 2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. J.JOHN JAYAKUMAR Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are arrayed as A2 and A3 and they were arrested on 03.08.2011 for the alleged offence punishable under Sections 498-A and 304(B) I.P.C., in Crime No.431 of 2011 on the file of the respondent police and hence, seek bail. 2. The learned counsel for the petitioner would submit that the marriage between A1 and the defacto complainant's daughter deceased Lisi Starlin was performed in the year 2007 and she committed suicide by hanging on 02.08.2011. He would further submit that initially, a case has been registered for the offence under Section 174 Cr.P.C., and the very next day, it has been altered into one under Sections 498(A) and 304(B) I.P.C., by implicating A1 and the petitioners/A2 and A3, who are the in- laws of the deceased. He would further submit that the petitioners are innocent persons and they have been falsely implicated in this case and since they are in judicial custody from 03.08.2011, they have come forward with the present application for enlarging them on bail. 3. Repudiating the same, the learned Additional Public Prosecutor would submit that the occurrence has been taken place on 02.08.2011 and a case has been registered under Section 174 Cr.P.C., and immediately on the very next day, it has been altered into one under Sections 498-A and 304(B) I.P.C., and the investigation is going on and th R.D.O., Report is yet to be received and if the petitioners are enlarged on bail, they will tamper the witnesses and abscond from the jurisdiction and hence, he prayed for the dismissal of the application. https://hcservices.ecourts.gov.in/hcservices/ 2 4. I have considered the rival submissions made on either side and perused the material available on record. 5. The marriage of the deceased Lisi Starlin and A1 was performed in the year 2007 and there is a demand of dowry. Since the parents of the deceased was unable to meet out the dowry demand, she was tortured by beating and she was driven out from the matrimonial home on 31.07.2011 and on 02.08.2011, at about 3.00 p.m., the defacto complainant brought the deceased to her matrimonial home after pacifying the deceased and on the same day, at 9.00 p.m., she committed suicide at her matrimonial home. The petitioners are residing along with A1 and in such circumstances, since the investigation is in initial stage, I am of the view that if the petitioners are enlarged on bail, they will tamper the witnesses and abscond from the jurisdiction and I do not find any merits in this petition and the same deserves to be dismissed. 6. Accordingly, this Criminal Original Petition is dismissed. sd/- 21/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE INSPECTOR OF POLICE, ERANIEL POLICE STATION, KANYAKUMARI DISTRICT. 2. THE OFFICER IN-CHARGE, SUB JAIL, NAGERCOIL. 3. THE OFFICER IN-CHARGE, SUB JAIL, THUCKALAY. 4. THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.11115 of 2011 Date :21/09/2011 RJ/26.9.11 2p/5c https://hcservices.ecourts.gov.in/hcservices/