1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice C.S.KARNAN CRL OP(MD) No.13225 of 2011 PALANI ... PETITIONER/ACCUSED NO.5 Vs THE STATE REP.BY THE INSPECTOR OF POLICE S.S. COLONY POLICE STATION, MADURAI. CR NO. 1354/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. C.MAYIL VAHANA RAJENRAN Advocate For Respondent : MR.A.RAMAR, Addl.Public Prosecutor ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A.5 who was arrested by the respondent police on 01.08.2011 for the alleged offence under Section 147, 148, 341, 302 and 506(ii) read with Section 109 I.P.C. in Crime No.1354 of 2011 on the file of the respondent police, seeks bail. 2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent police. 3. The case of the prosecution is that on 26.07.2011, the defacto complainant lodged a complaint before the respondent police stating that due to previous enmity between the petitioner and the deceased, when the deceased was coming at Vannamamalai Nagar, in a motorcyle, a Tato Sumo car hit the motorcycle, as a result of which, the deceased fell down. It is also the case of the prosecution that at that time, one Kasirajan and other accused said to have attacked the deceased with deadly weapons and the deceased succumbed to the injuries. 4. Learned Counsel for the petitioner submits that the petitioner has been in custody from 01.08.2011 and that if he is released on bail, he will not tamper the witnesses and hamper the investigation. 5. However, the learned Additional Public Prosecutor objects to the Same. https://hcservices.ecourts.gov.in/hcservices/ 2 6. I have carefully considered the rival submissions put forward by either side and also perused the materials available on record. 7. Considering all these facts and circumstances and also considering the fact that the petitioner is undergoing incarceration right from 01.08.2011, this Court is inclined to grant the relief of bail to the petitioner. Accordingly, the petitioner is directed to be released on bail on his executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.V, Madurai, and on further condition that the petitioner shall stay at Tirunelveli and appear before the Tirunelveli Town Police Station daily at 10.30 a.m., until further orders. sd/- 04/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.V, MADURAI. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE SUPERINTENDENT, CENTRAL PRISON,MADURAI. 4 THE INSPECTOR OF POLICE, S.S.COLONY POLICE STATION,MADURAI. 5 THE STATION INCHARGE, TIRUNELVELI TOWN POLICE STATION,TIRUNELVELI. 6 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1CC to M/S. C.MAYIL VAHANA RAJENRAN Advocate SR.No.34669 ORDER IN CRL OP(MD) No.13225 of 2011 Date :04/10/2011 PA/04.10.2011/2P/8C https://hcservices.ecourts.gov.in/hcservices/