1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of August Two Thousand Eleven PRESENT The Hon`ble Ms. Justice R.MALA CRL OP(MD) Nos.11451 & 11452 of 2011 1 ELANGO 2 MANIKANDAN 3 NATARAJAN ... PETITIONERS / ACCUSED 9,10 & 11 IN BOTH THE PETITIONS Vs STATE BY THE INSPECTOR OF POLICE UTHUMALAI POLICE STATION, TIRUNELVELI DISTRICT, ... RESPONDENT/ COMPLAINANT IN BOTH THE PETITIONS CRIME NO.129/2011 IN CRL.OP.11451/11 CRIME NO.130/2011 IN CRL.OP.11452/11 For Petitioner : M/S. G.PARIMALAM Advocate For Respondent :MR.A.RAMAR, Additional Public Prosecutor ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, in both the petitions, were arrayed as A9 to A11 and they were arrested and remanded to judicial custody on 20.05.2011 for the alleged offence punishable under Sections 147, 148, 452, 302 and 109 I.P.C., in Crime Nos.129 and 130 of 2011 on the file of the respondent police and hence, seeks bail. 2. The learned counsel for the petitioners in both the petitions would submit that the petitioners names have not been mentioned in the F.I.R. and they were not present at the time of occurrence. He further submitted that they are innocent persons and they have been falsely implicated in this case because of previous motive. He further submitted that charge sheet has been filed and they are in custody for more than 120 days and hence, he prays for enlargement on bail. 3. The learned Additional Public Prosecutor would submit that even though the names of the petitioners have not been mentioned in the F.I.R. and after investigation, charge sheet has been filed, it is a case of double murder in retaliation and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides and also considering the fact that the alleged occurrence has been taken place on 19.05.2011 and charge sheet has been filed and the names of the https://hcservices.ecourts.gov.in/hcservices/ 2 petitioners have not been mentioned in the F.I.R. and no overt-act attributed against the petitioners in the F.I.R., I am inclined to grant bail to the petitioners, in both the petitions, with certain conditions. 5. Accordingly, the petitioners, in both the petitions, are ordered 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, Thenkasi and on further condition that the petitioners shall report before the Court concerned daily at 10.30 a.m. until further orders. sd/- 29/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, THENKASI. 2. THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI. 3. THE INSPECTOR OF POLICE UTHUMALAI POLICE STATION, TIRUNELVELI DISTRICT. 4. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI. 5. THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. + 2 ccs to M/S. G.PARIMALAM Advocate SR. Nos.29472, 29473 ORDER IN CRL OP(MD) Nos.11451&11452 of 2011 Date :29/08/2011 RJ/30.8.11 2p/8c https://hcservices.ecourts.gov.in/hcservices/