BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Nineteenth day of January Two Thousand Eleven PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.361 of 2011 PAKKIRAMMAL ... PETITIONER/ACCUSED Vs 1. THE INSPECTOR OF POLICE CB CID., MADURAI UNIT, MADURAI. 2. THE INSPECTOR OF POLICE, L & O VADIPATTI POLICE STATION, MADURAI DISTRICT. CR.NO.793 OF 2010. ... RESPONDENTS/COMPLAINANT A.SAIBUNISHA ... INTERVENOR/DE-FACTO COMPLAINANT (IN MP(MD) NO.1/2011 For Petitioner : M/S. A.SHIVA KUMAR Advocate For Respondent : MR.P.RAJENDRAN, Govt. Advocate ( Crl. Side) For Intervenor : MR.VEERAKATHIRAVAN, learned Counsel for the Intervenor. PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the accused and she was remanded to judicial custody on 01.12.2010 for the alleged offence punishable under Sections 120B, 115, 201, 118, 364, 366A & 302 r/w 34 I.P.C. in Crime No.793 of 2010 on the file of the respondent police and hence, seeks bail. 2.Heard Mr.A.Shivakumar, learned counsel appearing for the petitioners and Mr.Veerakathiravan, learned counsel for the intervenor and Mr.P.Rajendran, learned Government Advocate (Crl.side) appearing for the state. 3.The learned counsel for the petitioner would submit that the petitioner is the 10th accused in the case and the same is pending for investigation in Crime No.793 of 2010, on the file of the Inspector of Police, CBCID, Madurai Unit, Madurai. Since transferred under the order of this Court in Crl.O.P.NO.15143 of 2010 for investigation by the CBCID Police, Ramanad District. This is a case relating to the death of three persons, a lady viz., Adilabanu, aged about 24 years and her two children aged 7 and 5 years. 4.The prosecution case is informed in the counter filed by the State as follows: "(ii) On 09.11.2010 at 09.30 hrs on the report of Tmt.Saibunisha, W/0.Abubucker Siddiq Pallivasal Street, Sattunkulam Ramanathapuram District regarding missing of her daughter Adila Banu with her two children from their house from 08.11.2010 evening the case in Kenikarai Police Station Cr.No.500/2010 under "Women missing" was registered. On 11.11.2010 evening the complainant Saibunisha identified the https://hcservices.ecourts.gov.in/hcservices/ three dead bodies at the mortuary of GRH Madurai. The investigation disclosed that there was a faction between one Seenikatti group and Ramali group at Sattankulam village within the jurisdiction of Kenikarai Police Station. On 14.05.2002 one Mohemed Jinna belonging to Seenikatti group was murdered by the members of Ramali gang in Kenikarai PS Cr.No.200/02 u/s 147, 148, 323, 324 and 302 IPC and one Muthusamy, S/o Muthu of Kuppanvalasai employed as driver under Seenikatti was an eye witness to the murder. During the year 2002, the deceased Adila Banu was married to Mujbeer Rahuman of Sattankulam and subsequently she divorced him and developed illicit intimacy with Muthusamy and in the year 2003 Seenikatti conducted the marriage of Adila Banu with his driver Muthusamy by converting him into Islam. Though the mother of the deceased Adila Banu initially did not approve the marriage later they were united. Then the deceased Adila Banu went to Malaysia with her husband Muthusamy @ Ahemad and they were working in the hotel run by her brother. Then Muthusamy @ Ahemad came to Ramanathapuram with his deceased wife Adila Banu and he turned hostile in the murder case in Kenikarali PS Cr.No.200/02. When Muthusamy @ Ahemad went back to Malaysia, he was beaten by the accused Sahul Hanmeed for turning hostile in the murder case. The deceased Aila Banu came to know that her husband was beaten by the accused Sahul Hameed and she was going on telling that she would wreak vengeance against those responsible for the assault of her husband and particularly told the accused Jeyakumar. When the accused Sahul Hammed came to Ramanathapuram from Malaysia about one month prior to the occurrence, the accused Jeyakumar told him that Adila Banu was going on telling that she would avenge the assault against her husband by Sahul Ahmeed who in turn informed Pakkirammal, Ramjan Beevei and Jailanee and Manivannan. They hatched a plot to eliminate Adila Banu. On 08.11.2010 evening in pursuance of criminal conspiracy, the accused Jeyakumar solicited the deceased Adila Banu to gas godown at Madurai-Ramnad road for giving his gas cylinder as required by her and when she came there with her two children they were taken in a Maruthi car TN 65 K 3288 and as planned the accused Sahul Hameed, Manivannan, Mohamed Hasarath, Tameemul Ansari and Muniasamy were waiting in a Scorpio car TN 65 K 2223 driven by the accused Yasin S/o Mohamed Ibrahim en-route gas godown. On seeing the Maruthi car the accused Mohamed Hasarath and Tameemul Ansari got into the Maruthi car and it was followed by Scorpio car. The deceased and her children were shifted to the Scorpio car and the accused Muniasamy and Yasin were relieved with the Maruthi car. The deceased were taken to Pattinamkathan and one Sheik Thagajeth @ Sudani joined with them and at about 19.30 hrs the car proceeded to Sathankulam Vilakku and the accused bet the deceased Adila Banu and she cried. The accused Sheik Jagajeth @ Sudani strangled the deceased Adila Banu with her "thuppatta" while other accused caught hold of her arms and smothered with pillow to death. Likewise he smothered the two children to death with pillow. At about 20.30 hrs the accused took the bodies of the deceased in the car to Sattankulam and borrowed the spade from one Thangavel Karpoora Vilasai and buried the dead bodies in the coconut grove of the accused Pakkiriammal/petitioner and the accused Sheik Jagajeth @ Sudani removed the 7 sovereign gold jewels from the body of the https://hcservices.ecourts.gov.in/hcservices/ deceased Adila Banu and the accused informed the accused Pakkirammal about the murder committed in pursuance of their conspiracy. The accused went to the house of Muniasamy and asked him not to disclose the occurrence to anybody. The mother of Adila Banu found her with her children missing and lodged the complaint at Kenikarai police station. (iii) On 10.11.2010 the accused Sahul Hameed, Manivannan, Mohamed Harsath went to Chennai by bus. Accused Pakkirammal contacted the accused Sahul Hameed and asked him to shift the dead bodies from her coconut tope fearing detection by the police. Therefore, they returned to Madurai by flight with Mohamed Harsath and took the accused Shanavaz the student of Yadava college and reached Paramakudi and took the Tata Sumo car belonging to the accused Jailanee the second wife of Seenikatti of Ramanathapuram and came to Ramanathapuram with the accused Tameenmul Ansari, Sheik Thagazeth @ Sudani and Nagore Hussain and at about 11 PM they purchased two dhotis in the cloth shop. All the above accused went to the coconut tope and exhumed the three bodies and bundled the dead body of the deceased Adila Banu in a dhoti and dead bodies of two children in another dhoti and took them in the Tata Sumo car TN 65 F 3999. They threw the dead body of Adila Banu in the stream under the culvert near Vadugapatti Kattakulam Villaku and dead bodies of two children in the stagnant water under the over bridge on Madurai-Dindigul four lane highway near Viralipatti junction in Vadipatti PS limits and dispersed. (iv) After disposing of the bodies, the accused Hasarath and Sahul Hameed boarded the bus for Chennai at Mattuthavani bus stand Madurai and on 12.11.2010 the accused Sahul Hameed, Mohemad Hasarath and Manivannan flew to Malaysia. On 13.11.2010 Ramjan Beevi the mother of Sahul Hameed also went to Malaysia. The section of law of the cases was altered to 147, 120(b), 115, 201, 364, 366(A) & 302 IPC r/w 34 IPC. On 15.11.2010 at 15.00 hrs at Ramanathapuram the accused Jeyakumar was arrested and in pursuance of his confession the Scorpio car TN 65K 2223 was seized and remanded to judicial custody. On 19.11.2010 at 07.30 hrs at Ramanathapuram the accused Tahmmemul Ansari was arrested and in pursuance of his confession the 7 sovereign gold ornaments stolen from the dead body of the deceased Adila Banu was recovered from the receiver. On 30.11.2010 at 14.00 hrs at Sattankulam the accused/petitioner Pakkirammal was arrested and sent for remand. The accused Sahul Hameed, Mohamed Hasarath, Mannivannan and Ramjan Beevi escaped to Malaysia. The accused Jailani and Yasin are still absconding. 5.The learned counsel for the petitioner would state that the petitioner has nothing to do with the alleged offence and she has been shown as an accused merely because she is the maternal grand-mother of the first accused and mother of the other accused and because the accused had initially chosen to burry the body of the deceased in a coconut thoppu belonging to her. He would further submit that the petitioner is aged about 79 years and she has been in judicial custody from 01.12.2010. 6.The learned Government Advocate (Crl.side) would rely on the counter filed by the State and informed that this petitioner was a party to the conspiracy to go away with the deceased. He would further submit https://hcservices.ecourts.gov.in/hcservices/ that the first accused in the case is absconding. He would also submit that there was likelihood of the petitioner absconding and as a wealthy lady and could adversely affect the investigation. 7.The learned counsel for the intervenor would object the grant of bail to the petitioner and inform that though investigation in the case stands transferred, the petitioner had chosen to inform the earlier investigating agency viz., CBCID Madurai Unit as a respondent. He would further submit that pursuant to the order of this court in W.P.(MD). No.245 of 2011, dated 06.01.2011, this petitioner was examined by the District Medical Officer, Trichy and such officer has found that the petitioner having suffered a paralytic attack was false and that she had been send back to the Central prison for women at Trichy. He would also submit that while the petitioner's contention was that her age is 79 years, but in W.P.(MD).No.245 of 2011, her age had been informed as 68 years. 8. This Court was informed that the statement of the watchmen of the thope would inform the complicity of this petitioner, this Court had adjourned the matter yesterday towards production of a clean type copy thereof. On the face of it the same does not indicate any prior konwledge of the murders or complicity in the commission thereof. Considering the age of the petitioner who is admittedly not below 68 years, that she has been in judicial custody from 01.12.2010; that the respondent police cannot now seek her custodial interrogation, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail and on 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 District Munsif-cum-Judicial Magistrate, Vadipatti and on further condition that the petitioner shall stay at Coimbatore and report before the Gandhipuram Police Station, daily at 12.00 a.m. for a period of one month and thereafter as and when required. sd/- 19/01/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE DISTRICT MUNSIF-CUM JUDICIAL MAGISTRATE, VADIPATTI. 2. -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3. THE INSPECTOR OF POLICE CB CID., MADURAI UNIT, MADURAI. 4. THE INSPECTOR OF POLICE, L & O VADIPATTI POLICE STATION, MADURAI DISTRICT. 5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 6. THE SUPERINTENDENT,CENTRAL PRISON FOR WOMEN, TRICHY. 7. THE OFFICE INCHARGE, GANDHIPURAM STATION STATION, COIMBATORE. +1. CC to M/S. A.SHIV KUMAR Advocate SR.No.1821 +1CC to Mr.VEERAKATHIRAVAN, Advocate SR.No.1996. SR : 21.01.2011 : 4p/10c ORDER IN CRL OP(MD) No.361 of 2011 Date :19/01/2011 https://hcservices.ecourts.gov.in/hcservices/