Jayamalai v. State rep byThe Inspector of Police

Crl.O.P.No.5309 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 10.03.2025CORAMTHE HONOURABLE MR.JUSTICE SUNDER MOHANCrl.O.P.No.5309 of 2025Jayamalai ...PetitionerVs.State rep byThe Inspector of Police, C-2, Elephant Gate Police Station, Chennai.(Crime No.916 of 2020)...RespondentPRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.916 of 2020 pending investigation on the file of the respondent police. For Petitioner: Mr.S.ManoharanFor Respondent:Mr.Leonard Arul Joseph SelvamGovernment Advocate (Crl. Side)Page No.1 of 4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.5309 of 2025ORDERThough the earlier bail petition of the petitioner was dismissed on 27.09.2022 by my learned predecessor, Hon'ble Justice M.Dhandapani, this petition is listed before this Court pursuant to the orders passed by the Hon'ble Division Bench of this Court in Crl.O.P.No.31787 of 2024 on 04.03.2025.2.This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 13.11.2020, seeking bail in Crime No.916 of 2020 registered for the offence under Sections 302, 380, 450, 120(B) & Section 34 of IPC and Sections 27(3), 29(B) and 30 of the Arms Act. 3.The case of the prosecution is that on the date of occurrence, petitioner along with other accused had caused the death of the deceased, who are husband, father-in-law and mother-in-law of the petitioner by using a gun on account of matrimonial differences. Page No.2 of 4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.5309 of 20254. Learned counsel for the petitioner submitted that the allegations are false; that the petitioner is suffering from serious health problems; that considering the period of incarceration suffered by the petitioner and also considering the medical condition, she may be released on bail.5. Per contra, Learned Government Advocate (Crl. Side) reiterated the prosecution case and opposed for grant of bail stating that the petitioner is stable and her health condition does not warrant release on bail. 6. Considering the fact that this is the 5th bail application; that it is a case of triple murder; the fact that petitioner's medical condition is stable as seen from the medical report and also considering the gravity of the offence, this Court is not inclined to grant bail to the petitioner at this stage. Hence if the trial is not completed six months, the petitioner shall be at liberty to renew the bail application. 7. Accordingly, this Criminal Original Petition is dismissed. Page No.3 of 4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.5309 of 202510.03.2025 smaSUNDER MOHAN, J.smaCopy to:1.The Inspector of Police, C-2, Elephant Gate Police Station, Chennai. 2.The Public Prosecutor, High Court, Madras. Crl.O.P.No.5309 of 202510.03.2025Page No.4 of 4