BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Eighth day of October Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE S.NAGAMUTHU CRL OP(MD) No.13858 of 2011 PANKIRAJ ... PETITIONER/ACCUSED NO.2 Vs STATE REP. BY ITS THE INSPECTOR OF POLICE ERANIYEL POLICE STATION, ERANIYEL, KANYAKUMARI DISTRICT. CRIME NO.346/2008 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.S.MUTHUKRISHNAN ADVOCATE FOR RESPONDENT : MR.K.S.DURAIPANDINAN ADDITIONAL PUBLIC PROSECUTOR PETITION FOR BAIL UNDER SEC. 439 CR.P.C. ORDER : THE COURT MADE THE FOLLOWING ORDER :- The petitioner is the second accused in Crime NO.346 of 2008 on the file of the respondent police for offences under Sections 341, 323, 325, 326, 120(b), 294(b) and 320 read with 34 IPC. He was in Judicial custody from 23.08.2011 onwards. He has come forward with this petition seeking bail. 2.According to the case of prosecution, on completing the investigation, the respondent filed a charge sheet as against one Antonyselvan alone. The case was thereafter taken cognizance of and committed to the Court of Sessions for trial and the trial was pending in S.C.NO.100 of 2008. While so, the de-facto complainant filed a petition before the learned Sessions Judge seeking a direction for further investigation under Section 173(8) of Cr.P.C. The same was dismissed. As against the same, a revision was also filed. The said revision was allowed and this Court has directed the Deputy Superintendent of Police, Kanyakumari District, to conduct further investigation. In the further investigation, the petitioner was also arrayed as accused in the case. In pursuance of the said report, the petitioner was arrested on 23.08.2011. 3.The learned counsel for the petitioner would submit that the allegations against the petitioner are false and he has been falsely implicated during the further investigation. 4.Having regard to the fact that in the original charge sheet, the petitioner was not arrayed as an accused and that he was included as accused belatedly in the trial of the case, besides the fact that the petitioner has been in jail from 23.08.2011 onwards, I am inclined to grant bail to the petitioner, but with stringent conditions. https://hcservices.ecourts.gov.in/hcservices/ 5.In the result, this petition is ordered and bail is granted to the petitioner on the following conditions:- (i) The petitioner shall be enlarged on bail on his executing a bond for a sum of Rs.10,000/-[Rupees Ten Thousand only] with two sureties each for a likesum to the satisfaction of the Principal Sessions Judge, Nagercoil; and (ii)The petitioner shall report before the respondent police, everyday at 10.30 a.m. until further orders. sd/- 28/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE PRINCIPAL SESSIONS JUDGE, NAGERCOIL. 2 THE OFFICER INCHARGE, SUB JAIL, NAGERCOIL. 3 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE INSPECTOR OF POLICE ERANIYEL POLICE STATION, ERANIYEL, KANYAKUMARI DISTRICT. +1 CC TO M/S. S.MUTHUKRISHNAN ADVOCATE SR.NO.36797. ORDER IN CRL OP(MD) No.13858 of 2011 Date :28/10/2011 2P/6C RPB : 29.10.2011 https://hcservices.ecourts.gov.in/hcservices/