BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of September Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.12230 of 2011 ANBURAJ ... PETITIONER/ACCUSED No.2 Vs THE INSPECTOR OF POLICE MANUR POLICE STATION, TIRUNELVELI DISTRICT. ( CRIME NO.166 OF 2011 ) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. A.RAHUL Advocate For Respondent : A.RAMAR, ADDITIONAL PUBLIC PROSEUTOR ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/accused NO.2 was arrested and remanded to judicial custody on 01.07.2011 for the alleged offence punishable under section 302 IPC in Crime No.116 of 2011 on the file of the respondent police and hence seeks bail. 2. The learned counsel for the petitioner would submit that the father of the deceased gave a complaint for the suspicious death of his son, The occurrence took place on 03.05.2011 and a case has been registered under Section 174 of Cr.P.C and subsequently altered into one under Section 302 IPC against the petitioner and the wife of the deceased. He further submits that already A1 was arrested and enlarged on bail and the investigation is considerably over and the petitioner was arrested on 01.07.2011 and he is in custody for more than 75 days. He further submits that there is a business rivalry between one Kalyanasundaram and the pettiioner and his deceased brother and he only committed the murder. Hence, he prays for enlargement on bail. 3. Refuting the same, the learned Additional Public Prosecutor would submit that the petitioner had illicit intimacy with A1-Sivakami, wife of the deceased Paulraj and it was questioned by him, hence both the petitioner as well as A1 joined together and committed the murder of the deceased by smothering him with pillow and caused the death of the deceased and also created the evidence as if he committed suicide and on the basis of complaint given by the father of the deceased the case has been registered under Section 174 Cr.P.C and after the arrest of the petitioner based on his confession the case has been altered and the investigation is going on and hence he prays for dismissal of the petition. 4. Considering the rival submissions made by both sides and also the material available on record, it is seen that the alleged occurrence took place on 03.05.2011 at 09.00 am., and initially the case was registered under Section 174 Cr.P.C and after the arrest of the accused, based on his confession only the case has been registered under Section 302 IPC. This petitioner was arrested on 01.07.2011 and the investigation is over. Further more, the de-facto complainant has also filed another https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.(MD).No.11471 of 2011 for charge of investigation stating that because of the business rivalry Kalyanasundram would have committed the murder. Even though the occurrence took place on 03.05.2011 and he was arrested on 01.07.2011, during that period he has not interfered with the investigation and he has not absconded from the jurisdiction and he is in custody more than 70 days and the investigation is considerably over. Hence I am inclined to grant bail to the petitioner with certain conditions. 5. Accordingly the petitioner is ordered to be released on bail on his 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.V, Tirunelveli and on further condition that the petitioner shall report before the court concerned daily at 10.30 am., until further orders. sd/- 15/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI 2. THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3. THE SUPERINTENDENT, CENTRAL PRISON, TIRUNELVELI 4. THE INSPECTOR OF POLICE MANUR POLICE STATION, TIRUNELVELI DISTRICT. 5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. A.RAHUL Advocate SR.No.31725 GH : 16.09.2011 : 2p/7c ORDER IN CRL OP(MD) No.12230 of 2011 Date :15/09/2011 https://hcservices.ecourts.gov.in/hcservices/