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) No.10767 of 2011 NAJMUDEEN ... PETITIONER / ACCUSED 9 Vs STATE REP BY:: THE SUB-INSPECTOR OF POLICE JAIHINDPURAM POLICE STATION, CRIME NO.862/2011, MADURAI DISTRICT. ... RESPONDENT / COMPLAINANT For Petitioner : MR. KAJA MOHIDEEN, Father of the Petitioner 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 is arrayed as A9 and he was arrested and remanded to judicial custody from 17.06.2011 for the alleged offence punishable under Sections 147, 148, 341 and 302 I.P.C., in Crime No.862 of 2011 on the file of the respondent police and hence, seeks bail. 2. Mr.Kaja Mohideen, who is the father of the petitioner, is present before this Court and he submitted that the name of his son was not mentioned in the F.I.R and on the confession of A1, the petitioner was implicated and added as A9. He further submitted that the petitioner is an innocent person and he has been falsely implicated in this case and he is in judicial custody from 17.06.2011 and hence, he prays for enlargement on bail. 3. The learned Additional Public Prosecutor would submit that the petitioner's name was not found place in the F.I.R. and during the investigation, A1 has given a confession statement, in that, it was stated that the petitioner has wrongfully restrained the deceased and facilitated the other accused for the commission of offence and hence, the petitioner has been implicated in this case. He further submitted https://hcservices.ecourts.gov.in/hcservices/ that the deceased has already attempted to murder the first accused and hence, there is a motive of commission of offence. He fairly conceded that A10 has already been enlarged on bail and the investigation is going on 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 petitioner's name was not found place in the F.I.R. and during the investigation, A1 has given a confession statement, in that, it was stated that the petitioner has wrongfully restrained the deceased and facilitated the other accused for the commission of offence and hence, the petitioner has been implicated in this case and A10 has already been enlarged on bail and the investigation is going on and there is no relation between A1 and A9 and the petitioner is in judicial custody from 17.06.2011, 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 Judicial Magistrate No.IV, Madurai, and on further condition that the petitioner 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.) TO 1 THE JUDICIAL MAGISTRATE, NO.IV, MADURAI 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGHCOURT MADURAI 4 THE SUB-INSPECTOR OF POLICE JAIHINDPURAM POLICE STATION, MADURAI DISTRICT. 5 THE SUPERINTENDENT OF CENTRAL PRISON, MADURAI. 1. CC to M/S. S.I.A.K.BAGADUR SHAH Advocate SR.No.29518: DM::2011:AUGUST:29:: ORDER IN CRL OP(MD) No.10767 of 2011 Date :29/08/2011 2P:7C:: https://hcservices.ecourts.gov.in/hcservices/