The Madras High Court has granted interim bail to a woman suspected of strangulating her husband to death, and then making it appear as if he had committed suicide, by taking into consideration several factors including the threat of COVID-19.
Justice P. Rajamanickam took the decision despite stiff opposition by Additional Public Prosecutor M. Mohamed Riyaz who took instructions over the phone and told the judge that post mortem results proved it to be a clear case of homicide and not suicide as claimed by the petitioner.
According to the petitioner’s counsel V.G. Anbarasu, his client had got married to the deceased about 22 years ago and the couple now had a 19-year-old daughter and a 14-year-old son. Her husband was addicted to alcohol and also to torturing her.
On February 26, 2020, he came home inebriated and picked up a quarrel with the petitioner. He also eventually assaulted the petitioner and their daughter before going to his bedroom where he was later found to be hanging using a sari.
Acting on the basis of a complaint lodged by the petitioner, the New Washermenpet police in the city initially registered a First Information Report (FIR) under Section 174 (police to enquire and report on suicide) of Code of Criminal Procedure.
However, after a short preliminary investigation, the FIR was altered to Sections 302 (murder) and 201 (causing disappearance of evidence of offence) and the petitioner was arrested on February 28 from when she remains in judicial custody.
After taking all facts into consideration, the judge in his order said: “Considering the fact that the deceased is a drunkard and also the fact that the petitioner is in custody from February 28 and also the fact that the petitioner is having two children and also in view of the emergent situation which has arisen on account of COVID-19 pandemic, this court is inclined to grant interim bail.
“Accordingly, the petitioner is directed to be released on interim bail till April 27 on executing own bond by her for Rs.10,000 to the satisfaction of the Superintendent, Central Prison, Puzhal. Post this matter before this court for further orders on April 20.”
to the deceased about 22 years ago and the couple now had a 19-year-old daughter and a 14-year-old son. Her husband was addicted to alcohol and also to torturing her.
On February 26, 2020, he came home inebriated and picked up a quarrel with the petitioner. He also eventually assaulted the petitioner and their daughter before going to his bedroom where he was later found to be hanging using a sari.
Acting on the basis of a complaint lodged by the petitioner, the New Washermenpet police in the city initially registered a First Information Report (FIR) under Section 174 (police to enquire and report on suicide) of Code of Criminal Procedure.
However, after a short preliminary investigation, the FIR was altered to Sections 302 (murder) and 201 (causing disappearance of evidence of offence) and the petitioner was arrested on February 28 from when she remains in judicial custody.
After taking all facts into consideration, the judge in his order said: “Considering the fact that the deceased is a drunkard and also the fact that the petitioner is in custody from February 28 and also the fact that the petitioner is having two children and also in view of the emergent situation which has arisen on account of COVID-19 pandemic, this court is inclined to grant interim bail.
“Accordingly, the petitioner is directed to be released on interim bail till April 27 on executing own bond by her for Rs.10,000 to the satisfaction of the Superintendent, Central Prison, Puzhal. Post this matter before this court for further orders on April 20.”
