BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12430 of 2011 1 CHINNIAH 2 ALAGAMMAL 3 ANAND ... PETITIONERS / ACCUSED 1 TO 3 Vs STATE REP BY::THE INSPECTOR OF POLICE KOTTAMPATTI POLICE STATION, IN CR.NO. 179 OF 2011, MADURAI DIST ... RESPONDENT / COMPLAINANT For Petitioner : M/S. D.ANBARASU 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 are arrayed as A1 to A3 and they were arrested and remanded to judicial custody on 06.08.2011 for the alleged offence punishable under Section 174 Cr.P.C. @ 304(b) I.P.C. r/w Section 4 of TNPWH Act, in Crime No.179 of 2011 on the file of the respondent police and hence, seeks bail. 2. The learned counsel for the petitioners would submit that he is not pressing this petition for anticipatory bail in respect of the petitioners 1 and 2 and he has also made an endorsement to that effect. 3. He further submitted that the marriage between the third petitioner and the deceased has been performed three years, prior to the occurrence. He further submitted that the deceased was died in the suspicious circumstances on 04.08.2011 and therefore, a case has been registered under Section 174 Cr.P.C. and during the investigation only, the case has been altered into Section 304(b) I.P.C. r/w Section 4 of TNPWH Act. He further submitted that the third petitioner was arrested on 06.08.2011 and he was in judicial custody for the past 45 days and hence, he prays for an enlargement on bail. 4. Refuting the same, the learned Additional Public Prosecutor would submit that A3 is the husband of the deceased and A1 and A2 are the in-laws of the deceased. He further submitted that the father-in- law/A1 has made sexual torture to the deceased and that was intimated to the husband/A3, who is a duff and dumb and the husband, who is the third petitioner herein, has not taken any steps to prevent his father, who is caused sexual torture to the deceased and the investigation is going on and hence, he prays for dismissal of this https://hcservices.ecourts.gov.in/hcservices/ application. 5. In view of the endorsement made by the learned counsel for the petitioners, this Criminal Original Petition is dismissed as not pressed in respect of the petitioners 1 and 2. 6. Considering the rival submissions made by both sides and also considering the fact that the marriage between the deceased and the third petitioner was performed three years, prior to the occurrence and the third petitioner is a deaf and dumb and the first petitioner, who is the father-in-law of the deceased, has made sexual torture to the deceased and that was intimated to A3, who is the husband of the deceased and he was not prevented his father and therefore, she consumed a poison subsequently, she was died on 04.08.2011 and immediately, a case has been registered under Section 174 Cr.P.C., during the investigation, case has been altered into Section 304(b) I.P.C. r/w Section 4 of TNPWH Act and the third petitioner was arrested on 06.08.2011 and there is no overt act attributed against the third petitioner, who is a deaf and dumb and only overt act is that he has not prevented his father, who is caused sexual torture to his wife, I am inclined to grant bail to the third petitioner with certain conditions. 7. Accordingly, the third petitioner is ordered to be released on bail on his 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, Melur, Madurai District and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. sd/- 23/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE MELUR, MADURAI DISRICT 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4 THE INSPECTOR OF POLICE KOTTAMPATTI POLICE STATION, MADURAI DIST 5 THE SUPERINTENDENT OF CENTRAL PRISON, MADURAI 1. CC to M/S. D.ANBARASU Advocate SR.No.32962: DM::2011:SEPTEMBER:26:: ORDER IN CRL OP(MD) No.12430 of 2011 Date :23/09/2011 2P:7C:: https://hcservices.ecourts.gov.in/hcservices/