BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of September Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.12491 of 2011 RAJESH @ RAJESHKUMAR ... PETITIONER/ACCUSED NO.2 Vs STATE REP. BY INSPECTOR OF POLICE PAPPANADU POLICE STATION, THANJAVUR DISTRICT. CR.NO.391/2005 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.G.KARNAN ADVOCATE FOR RESPONDENT : MR.A.RAMAR ADDITIONAL PUBLIC PROSECUTOR 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 14.08.2011 for the alleged offence punishable under Sections 147, 148, 341, 294(b), 323, 324 and 307 of IPP in Crime No.391 of 2005 and the same has been taken on file in S.C.No.120 of 2010 on the file of the learned Additional Sessions Judge[FTC II] Pattukkottai on the file of the respondent police and hence, seeks bail. 2.The learned counsel for the petitioner would submit that the petitioner was arrayed as A2 in S.C.No.254 of 2010 and because of his Non Bailable Warrant has been issued and he was arrested on 14.08.2011 and even though he filed an application before the District and Sessions Judge, which was dismissed 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 because of his non appearance, Non Bailable Warrant has been issued and he leave it to the Court's discretion. 4.Considering the rival submissions made by both sides, it could be seen that S.C.No.254 of 2010 is pending before the Additional Sessions Judge[FTC II], Pattukkottai and because of his non appearance, Non https://hcservices.ecourts.gov.in/hcservices/ Bailable Warrant has been issued on 30.09.2010 and the same was executed on 14.08.2011 and the bail application was dismissed by the learned Additional sessions Judge [FTC-II] Pattukkottai on 14.09.2011. Considering the fact that S.C.No.254 of 2010 is pending, 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 Additional Sessions Judge[FTC-II] Pattukkottai, and on further condition that the petitioner shall appear before the Additional Sessions Judge [FTC-II], Pattukkottai, daily at 10.30 a.m., until further orders. sd/- 20/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE ADDITIONAL SESSIONS JUDGE[FTC-II], PATTUKOTTAI. 2 DO-THRO' THE PRINCIPAL SESSIONS JUDGE, THANJAVUR. 3 THE INSPECTOR OF POLICE, PAPPANADU POLICE STATION, THANJAVUR DISTRICT. 4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC TO M/S.G.KARNAN ADVOCATE SR.NO.32251. ORDER IN CRL OP(MD) No.12491 of 2011 Date :20/09/2011 2P/7C RPB 20.09.2011 https://hcservices.ecourts.gov.in/hcservices/