BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixth day of June Two Thousand Eleven PRESENT The Hon`ble Mr.Justice R.S.RAMANATHAN CRL OP(MD) No.5261 of 2011 1 KANDASAMY 2 KANNAN 3 MUTHURAMALINGAM ... PETITIONERS/ACCUSED NOS.1,4 AND 10 Vs STATE REP.BY, THE INSPECTOR OF POLICE ALWAR KURICHI POLICE STATION, TIRUNELVELI DISTRICT CR NO. 2/2010 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. SIVA AYYAPPAN Advocate For Respondent : MR.K.V.RAJARAJAN, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are arrayed as A1, A4 and A10 and the first petitioner was arrested and remanded to judicial custody on 09.01.2010 and the second petitioner surrendered before learned Judicial Magistrate, Nagercoil on 12.01.2010 and remanded to judicial custody and the third petitioner surrendered before the learned Judicial Magistrate, Sattankulam on 29.01.2010 and remanded to judicial custody for the alleged offences punishable under Sections 147, 148, 294(b), 307, 302 and 120(B) I.P.C. and under Sections 3 and 4 of the Indian Explosive Substance Act altered into Sections 109, 120(B), 147, 148, 294(b), 307, 353, 302, 114 I.P.C. and Sections 3(a) and 5(a) of the Indian Explosives Act and Section 25(i-b)(a) of the Arms Act in Crime No.2 of 2010 on the file of the respondent police and hence, seek bail. 2.It is submitted by the learned counsel for the petitioners that the petitioners were arrested and remanded to judicial custody from the month of January 2010 and since then they were in judicial custody and even according to the investigation, no overt act was attributed to the petitioners and they were only part of the https://hcservices.ecourts.gov.in/hcservices/ conspiracy. The learned counsel for the petitioners further submitted that the investigation was over and charge sheet was also filed and the case was committed to the Fast Track Court, Tirunelveli and now the case is posted for trial and the other accused were arrested and released on bail. 3.The learned Government Advocate (Crl.side) would submit that all the accused conspired together to murder the Sub-Inspector of Police, who was the husband of the 16th accused and by mistake, they threw bomb and murdered another Inspector of Police and some of the accused were detained under Act 14 of 1982 and the case has been committed to trial and it is posted for trial on 07.06.2011. The learned Government Advocate (Crl.side) also submitted that the first petitioner provided the financial support for committing the murder and also he was waiting near the place of occurrence and the second petitioner also took part in the conspiracy and he threw bombs on the police and the third petitioner also threw bomb on the deceased Sub- Inspector of Police and the leg was severed. 4.Considering the facts and circumstances of the case and also considering the fact that out of 18 accused, except the petitioners herein, all the remaining accused were arrested and released on bail by various Courts on various days and the investigation was over and the case is committed for trial and it is posted for examination of witnesses on 07.06.2011 and with a view to give an opportunity to the petitioners to engage the counsel and to conduct the case, this Court is inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail and the petitioners shall execute 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, Ambasamudram, Tirunelveli District and on further condition that the petitioners shall appear before the Fast Track Court, Tirunelveli daily at 10.30 a.m. until further orders. Sd/- 06/06/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. https://hcservices.ecourts.gov.in/hcservices/ TO 1 THE JUDICIAL MAGISTRATE AMBASAMUDRAM, TIRUNELVELI 2 THE CHIEF JUDICIAL MAGISTATE TIRUNELVELI 3 THE INSPECTOR OF POLICE ALWAR KURICHI POLICE STATION, TIRUNELVELI DT 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 5 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI, TIRUNEVELI +1. CC to M/S. SIVA AYYAPPAN Advocate SR.No.17426 ssk/08.06.2011 /7c -3p/- ORDER IN CRL OP(MD) No.5261 of 2011 Date :06/06/2011 https://hcservices.ecourts.gov.in/hcservices/