BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourteenth day of February Two Thousand Eleven PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.1657 of 2011 MARUTHI ADIGALAR SWAMY SRIKUMAR @ SRIKUMAR, ... PETITIONER/6th ACCUSED Vs INSPECTOR OF POLICE EATHAMOZHI POLICE STATION, KANYAKUMARI DIST IN CR.NO. 163/2010 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.G .THALAIMUTHARASU Advocate For Respondent : MR.P.RAJENDRAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner was arrested on 07.12.2010 by the respondent police in Crime No.163 of 2010 for the alleged offence punishable under Sections 147, 148, 341, 307, 302 IPC and Section 3(1) of TNPPDL Act. He has come forward with this petition seeking bail. 2. Heard Mr.G.Thalaimutharasu, learned Counsel appearing for the petitioner and Mr.P.Rajendran, learned Government Advocate (Crl.Side) appearing for the State. 3. The learned Counsel for the petitioner submitted that the petitioner is a respectable person and he has nothing to do with the alleged offence and also he has been falsely implicated in this case. This is the second application for bail and the first application has been dismissed as withdrawn in Crl.O.P.No.791 of 2011 dated 25.01.2011. 4. The learned Government Advocate (crl.Side) would submit that it was only at the instigation of the petitioner that the other accused, who were all rowdy elements were engaged and that the deceased and the defacto complainant were injured. The petitioner was also present at the time of occurrence and overt act was attributed to him. Admittedly the deceased was a known rowdy element. 5. Considering the submissions made on either side and also considering the fact that the petitioner is in custody from 07.12.2010 and his custodial interrogation stands completed, this Court is inclined to grant bail to the petitioner. 6. Accordingly, the petitioner is directed to be released on bail, on his executing a bond for a sum of Rs.5,000/- (Rupees Five Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Nagercoil and on further condition that the https://hcservices.ecourts.gov.in/hcservices/ petitioner shall stay at Trichy and report before the Cantonment Police Station, Trichy daily at 10.30 am., until further orders. sd/- 14/02/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.III, NAGERCOIL. 2. -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, KANAYKUMARI AT NAGERCOIL. 3. THE SUPERINTENDENT, DISTRICT JAIL, NAGERCOIL. 4. INSPECTOR OF POLICE EATHAMOZHI POLICE STATION, KANYAKUMARI DISTRICT 5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 6. THE OFFICER INCHARGE, THE CANTONMENT POLICE STATION, TRICHY. +1. CC to M/S.G .THALAIMUTHARASU Advocate SR.No.8654 SR : 15.02.2011 : 2p/8c ORDER IN CRL OP(MD) No.1657 of 2011 Date :14/02/2011 https://hcservices.ecourts.gov.in/hcservices/