1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Second day of August Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.PALANIVELU CRL OP(MD) No.10936 of 2011 PALPANDIAN @ PALPASTIN ... PETITIONER/ACCUSED 8 Vs STATE REP.BY THE INSPECTOR OF POLICE ANJUGRAMAM POLICE STATION, KANYAKUMARI DISTRICT. ( CRIME NO.468 OF 2011 ) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. T.ARUL 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 A8 and he was arrested and remanded to judicial custody on 15.06.2011, for the alleged offence punishable under Sections 147, 148, 120(B), 341, 323 and 302 IPC., in Crime No.468 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 an innocent person and he has been falsely implicated in this case. He would further submit that as per the FIR., the allegation against the petitioner is that he beat the deceased in his shoulder with a stick. He would further submit that the petitioner/A8 is in judicial custody for more than 70 days and hence, he prays for enlargement on bail. 3.The learned Additional Public Prosecutor would submit that the accused had beaten the shoulder of the deceased with stick and the investigation has not been completed and if, the petitioner is enlarged on bail, he will tamper the witness and abscond the jurisdiction and hence, he prayed for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Considering the rival submissions made by both sides and also considering the fact that except the petitioner/A8 beaten the accused in his shoulder, no other allegation has been mentioned in the FIR against the petitioner and since the petitioner is in judicial custody for more than 70 days 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 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.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/- 22/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.III, NAGERCOIL 2 THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI 4 THE INSPECTOR OF POLICE, ANJUGRAMAM POLICE STATION, KANYAKUMARI DISTRICT. 5 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. T.ARUL Advocate SR.No.28444 ORDER IN CRL OP(MD) No.10936 of 2011 Date :22/08/2011 TR : 23.08.2011: 2p/7c https://hcservices.ecourts.gov.in/hcservices/