BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S. TAMILVANAN CRL OP(MD) No.13991 of 2011 1 MANA @ MALARMANNAN 2 UMAMAHESWARAN 3 UTHAYAKUMAR 4 BOOMINATHAN 5 RAJA ... PETITIONERS / ACCUSED 1 to 3 and 5 to 6 Vs STATE REP BY:: THE INSPECTOR OF POLICE BATLAGUNDU POLICE STATION, DINDIGUL DIST, IN CR.NO. 488/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. P.RATHINAM Advocate For Respondent : MR. K.S. DURAIPANDIAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who were arrested on 16.09.2011 and remanded to the judicial custody by the respondent police on 17.09.2011 for the alleged offence punishable under Sections 147, 341, 324, 307, 120(b) IPC r/w 7(1)(A) C.L.A. Act and 3(1) of TNPPDL Act, in Crime No.488 of 2011, have filed this petition seeking bail under Section 439 of Cr.P.C., 2. Learned counsel appearing for the petitioners/accused submitted that the case was registered against the petitioners based on the complaint given by the de-facto complainant, who was the driver of a bus. However, in the complaint itself the name of the petitioners and their father's name and other details are given, which creates serious doubts on the genuineness of the complaint. 3. Learned counsel appearing for the petitioners would further submit that the petitioners have been arrayed as A1 to A3, A5 and A6. According to him, they have been falsely implicated though they have https://hcservices.ecourts.gov.in/hcservices/ nothing to do with the alleged offence and they are in prison for about 50 days. 4. Learned Additional Public Prosecutor has not disputed the fact that all injured persons were discharged from the hospital and there is no bad antecedents against the petitioners. 5. Considering the facts and circumstances of the case and also considering the fact that the petitioners are undergoing incarceration right from 17.09.2011, this Court is inclined to enlarge the petitioners on bail on the following conditions. Accordingly, the petitioners are directed to be released on bail on executing a separate 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, Nilakkottai, and on further condition that the petitioners shall appear before the respondent police, daily at 04.30 p.m until further orders. sd/- 08/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NILAKKOTTAI, DINDIGUL DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4 THE INSPECTOR OF POLICE BATLAGUNDU POLICE STATION, DINDIGUL DIST 5 THE SUPERINTENDENT OF CENTRAL PRISON, MADURAI. 1. CC to M/S. P.RATHINAM Advocate SR.No.38318: DM::2011:NOVEMBER:10:: ORDER IN CRL OP(MD) No.13991 of 2011 Date :08/11/2011 2P:7C:: https://hcservices.ecourts.gov.in/hcservices/