BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of August Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.9599 of 2011 V.MADASAMY ... PETITIONER/ACCUSED NO.4 Vs STATE REP. BY THE INSPECTOR OF POLICE PERUMALPURAM POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.432 OF 2010 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.P.BHASKAR ASSOCIATES 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 A4 and he was arrested and remanded to judicial custody on 13.6.2011 for the alleged offence punishable under Section 176(1)(a) of Cr.P.C. and under Sections 147, 302 of I.P.C. in Crime No.432 of 2010 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 A4 in Crime No.432 of 2010 and the alleged occurrence has been taken place inside the central prison, Palayamkottai on 12.9.2010 and for the suspicious death of one under trial prisoner, a case has been registered under Section 176(1)(a) of Cr.P.C and subsequently after enquiry, the case has been altered under Sections 147 and 302 of IPC against five persons. 3.He further submitted that because of use of cell phone, there is rioting inside the Palayamkottai prison and one inmate died and the petitioner was detained as goonda in Palaymkottai prison at the time of the alleged offence and the petitioner is nothing to do with the commission of crime and he was arrested on 13.6.2011 and hence, he prays for enlargement on bail. 3. The learned Additional Public Prosecutor (Crl.side) submitted that the alleged occurrence has been taken place inside the central prison, Palayamkottai and one under trial prisoner died and after enquiry conducted by the learned Judicial Magistrate, a report has been received and then only,the case has been registered under Sections 147 of 302 of IPC and investigation is going on. He fairly conceded that the petitioner was enlarged on bail in two cases and the same are pending against him and A1, A4 and A5 are in judicial custody and A2 and A3 are absconding and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the rival submissions made by both sides the alleged occurrence has been taken place on 12.9.2010 and because of use of cell phone, dispute arose and at the time of rioting, one inmate died and after enquiry conducted by the learned Judicial Magistrate No.1, Tirunelveli District, Tirunelveli a report has been received and then only, the case has been altered into Sections 147 and 302 of IPC and a case has been registered against five persons and the petitioner is arrayed as A4 and A2 and A3 were absconded and yet to be arrested and even though the petitioner was enlarged on bail in other two cases considering the place of occurrence and stage of investigation and 44 witnesses were examined and other witnesses to be examined, I do not find any merits in this application and this petition is dismissed. sd/- 05/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 4 THE INSPECTOR OF POLICE PERUMALPURAM POLICE STATION, TIRUNELVELI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.9599 of 2011 Date :05/08/2011 2P/6C RPB 19.08.2011 https://hcservices.ecourts.gov.in/hcservices/