Chennai:
Madras High Court has granted bail to a mother who aided
her son in cleaning up the blood stains and parceling her murdered husband’s
body after a lower court rejected it.
Justice P Devadass passed the order to a petition by one
Alangaram after hearing the arguments put forth by advocate K S Arumugam.
The son had murdered his father and the dead body was
lying in a pool of blood. The mother who rushed to the spot was placed in a grim
situation and had no other alternative than to assist her son in cleaning the
blood stains and removing her husband’s body.
The judge said that it is a cognizable offence and the
woman should be charged under section 201 IPC, which is intended to punish
those who help others to escape from legal punishment.
In this case, the mother has knowledge of her husband
having been murdered by her son. The crime under section 201 IPC took place
after the main occurrence, the judge said.
Hitting out the lower court for applying section 437
criminal procedure code as though it is a non-bailable offence, the judge said
an offence under Section 201 IPC need not be committed to sessions court. “Even
a judicial magistrate can grant bail for an offence under section 201 IPC. The
lower court has applied section 437 Criminal procedure code as though it is a
non-bailable offence,” the judge observed.
Granting the bail to the woman, the judge said she will
be released on her own bond of Rs 5,000 and has to report before the
investigation officer as and when required for interrogation.
No comments:
Post a Comment