BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of June Two Thousand Eleven PRESENT The Hon`ble Mr.Justice R.S.RAMANATHAN CRL OP(MD) No.7350 of 2011 BOSCO ..PETITIONER/ACCUSED NO.3 Vs. STATE THROUGH THE INSPECTOR OF POLICE SIVAGIRI POLICE STATION, IN CRIME NO.211 OF 2011. ..RESPONDENT/COMPLAINANT For Petitioner : M/S. D.MALAICHAMY 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 is an accused No.3 and he was arrested by the respondent police on 25.05.2011 for the alleged offences punishable under Sections 294(b), 323, 342, 307 and 120(B) IPC, in Crime No.211 of 2011, on the file of the respondent police and hence, seeks bail. 2.It is submitted by the learned counsel for the petitioner that due to previous enmity the occurrence had taken place and the injured was also discharged from the hospital and the investigation was also over. 3.It is submitted by the learned Additional Public Prosecutor (Crl.side) that totally there are five accused. This petitioner is A3 and the petitioner was involved in six cases and two of them for offence under Section 302 IPC and others are for offences under Sections 323 and 324 I.P.C. He further submitted that the investigation was not over and the first accused is in jail. He also submitted that the injured is also discharged from the hospital. 4.It is seen from the order of the learned Principal Sessions Judge that the petitioner was involved in six previous cases and three of them were of the year 2006 and two of them were of the year 2000 and one was in the year 1999. 5.According to the learned counsel for the petitioner that all the cases ended in acquittal and the learned Additional Public https://hcservices.ecourts.gov.in/hcservices/ Prosecutor (Crl.side) is not in a position to say whether those cases ended in acquittal. 6.According to me, those cases were of the year 2000 and 2006 and having regard to the facts and circumstances of this case, the occurrence took place due to personal motive and the accused is in custody for past 30 days and the injured was discharged from the hospital, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail and on 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, Sivagiri, and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of four weeks. sd/- 23/06/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, SIVAGIRI. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 5 THE INSPECTOR OF POLICE SIVAGIRI POLICE STATION, TIRUNELVELI. +1. CC to M/S. D.MALAICHAMY Advocate SR.No.19650 akm/24.06.11 /2p-7c/ ORDER IN CRL OP(MD) No.7350 of 2011 Date :23/06/2011 https://hcservices.ecourts.gov.in/hcservices/