BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.13134 of 2011 SELVARAJ : PETITIONER/SOLE ACCUSED Vs. THE STATE REP.BY THE INSPECTOR OF POLICE ERIYODU POLICE STATION, DINDIGUL DISTRICT. CRIME NO.206/2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. R.VENKATESWARAN 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 petitioner is arrayed as an accused and he was arrested and remanded to judicial custody on 24.07.2011 for the alleged offence punishable under Section 302 I.P.C. in Crime No.206 of 2011 on the file of the respondent police and hence, seeks bail. 2. The learned counsel for the petitioner would submit that the alleged occurrence has been taken place on 22.07.2011 and the case is based on the circumstantial evidence. He further submitted that the defacto complainant is none other than the brother of the deceased, in his complaint, he has stated that on 22.07.2011 at 8.00 p.m., the deceased was taken by the petitioner/accused, however, her body was found place in the defacto complainant's field on the next day and hence, a case has been registered. He further submitted that during the investigation only, the petitioner was arrested on 24.07.2011. He further submitted that because of the money transaction, the occurrence, has been taken place and the investigation is considerably over and hence, he prays for enlargement on bail. 3. Refuting the same, the learned Additional Public Prosecutor would submit that the deceased was having illicit intimacy with the petitioner and suspecting the character of the deceased, the alleged occurrence has been taken place. He further submitted that 11 witnesses were already examined and they are awaiting for the chemical report and hence, he prays for the dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4. Considering the rival submissions made by both sides and also considering the fact that the the defacto complainant is none other than the brother of the deceased and he has given a complaint on 23.07.2011, wherein, it was stated that he found the dead body of the sister in his field and she was taken by this petitioner on 22.07.2011 at 8.00 p.m. and as per the version of the learned counsel for the petitioner that the petitioner gave a sum of Rs.30,000/- to the deceased for construction of house, but the deceased has not constructed the house and hence, the petitioner suspected that the amount given to the deceased has been given by her to somebody, that has been questioned, then only the occurrence has been taken place and admittedly, the case is based on the circumstantial evidence, no eyewitness and as per the version of the learned Additional Public Prosecutor that 11 witnesses were already examined and they are awaiting for the chemical report and because of non receipt of the chemical report, they are unable to file the charge sheet and he is in judicial custody from 24.07.2011, I am inclined to grant bail to the petitioner with certain conditions. 5. Accordingly, the petitioner is ordered to be released on bail 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 Judicial Magistrate, Vedachandur and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. Sd/- 29/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, VEDACHANDUR 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE ERIYODU POLICE STATION, DINDIGUL DISTRICT. 5. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. +1 CC to M/S. R.VENKATESWARAN Advocate SR.No.34125 ORDER IN CRL OP(MD) No.13134 of 2011 NSV/30.9.11/2P/7C Date :29/09/2011 https://hcservices.ecourts.gov.in/hcservices/