BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of August Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.11367 of 2011 PANEER SELVAM, ... PETITIONER/ACCUSED 5 Vs THE INSPECTOR OF POLICE, SOUTH THAMARAIKULAM POLICE STATION, KANYAKUMARI DISTRICT. (CRIME NO.120 OF 2011) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. J.BALAMEENAKSHI Advocate For Respondent : MR.A.RAMAR, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as A5 and he was arrested and remanded to judicial custody on 17.06.2011 for the alleged offence punishable under Sections 147, 148, 294(b), 324 and 302 I.P.C., in Crime No.120 of 2011 on the file of the respondent police and hence, seeks bail. 2. The learned counsel for the petitioner would submit that the petitioner is arrayed as A5 and his children were arrayed as A1 to A4. He further submitted that the petitioner is aged about 65 years and a false complaint has been registered against the petitioner under Sections 147, 148, 294(b), 324 and 302 I.P.C. He further submitted that the overt act attributed against the petitioner is that he was attacked the deceased on his shoulder with wooden log and assaulted the injured viz, Nepolian, on his right eyebrow and the investigation is considerably over and hence, he prays for enlargement on bail. 3. The learned Additional Public Prosecutor would submit that the petitioner is the father of A1 to A4 and there was a land dispute between A1's mother-in-law and the defacto complainant's father, due to which, the occurrence has been taken place. He further submitted that the injured has already been discharged from the hospital and the investigation is considerably over and they are awaiting for chemical report and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides and also considering the fact that the alleged occurrence has been taken place on https://hcservices.ecourts.gov.in/hcservices/ 15.05.2011 and because of the land dispute, in respect of the property, between the father of the defacto complainant and mother-in-law of A1, the occurrence has been taken place and the injured has already been discharged from the hospital and the investigation is considerably over, 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 No.III, Nagercoil. and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. sd/- 26/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE NO.III, NAGERCOIL. 2. -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL. 3. THE OFFICER IN CHARGE, DISTRICT JAIL, NAGERCOIL. 4. THE INSPECTOR OF POLICE, SOUTH THAMARAIKULAM POLICE STATION, KANYAKUMARI DISTRICT. 5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. J.BALAMEENAKSHI Advocate SR.No.29266 SR : 26.08.2011 : 2p/7c ORDER IN CRL OP(MD) No.11367 of 2011 Date :26/08/2011 https://hcservices.ecourts.gov.in/hcservices/