BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of September Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.11756 of 2011 MURUGAIAH @ MANGALAMURUGAN ... PETITIONER/ACCUSED NO.2 Vs STATE REPREPSENTED BY, SUB-INSPECTOR OF POLICE, ALANGULAM POLICE STATION, CR.NO.298/2011, TIRUNELVELI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.RAGAVENTHRE 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/Accused No.2 was arrested and remanded to judicial custody on 21.6.2011 for the alleged offences punishable under Sections 147, 148, 341, 294(b), 324, 307, 506(ii) of IPC and 25(i)(a) of Arms Act and 3(ii)(v) of SC/ST Act altered into 147, 148, 341, 294(b),324, 307, 506(ii) and 120(B) of IPC and 25(i)(a) of Arms Act and 3(ii)(v) of SC/ST Act in Crime No.298 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 A2 in Crime No. 298 of 2011 and the alleged occurrence has been taken place on 20.6.2011 at 16.30 hours and the petitioner was arrested on the very next day. He further submitted that the injured has been discharged from the hospital and A1, A4, A5 were detained under Act 14 and other accused were already enlarged on bail and investigation is considerably over and hence, he come forward with this application and he prays for enlargement on bail. 3. The learned Additional Public Prosecutor (Crl.side) would submit that a case has been registered against 14 persons and A1, A4 and A5 were detained under Act 14 and A2 attacked with arival. He fairly conceded that the injured has been discharged from the hospital and 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 20.6.2011 at 16.30 hours and a complaint has been given on the same day and the petitioner was arrested on 21.6.2011 and the overt act against the petitioner/A2 is that he assaulted the victim on the head with arival and the injured is discharged from the hospital and A1, A4 and A5 were detained under Act 14 and A3,A6,A7, A8, A11, A12, A13, A14 were enlarged on bail and 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, Tenkasi, and on further condition that the petitioner shall appear before the Judicial Magistrate, Tenkasi, daily at 10.30 a.m. until further orders. sd/- 07/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, TENKASI. 2. -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT. 4. THE SUB-INSPECTOR OF POLICE, ALANGULAM POLICE STATION, TIRUNELVELI DISTRICT. 5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.S.RAGAVENTHRE Advocate SR.No.30158 SR : 07.09.2011 : 2p/7c ORDER IN CRL OP(MD) No.11756 of 2011 Date :07/09/2011 https://hcservices.ecourts.gov.in/hcservices/