BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eleventh day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.14646 of 2011 1 NACHIYAPPAN 2 SUBBRAMANIYAN 3 VEERAPANDIYAN ... PETITIONERS/ACCUSED A1 TO A3 Vs STATE REP.BY, THE INSPECTOR OF POLICE, THIRUMAYAM POLICE STATION, PUDUKKOTTAI DISTRICT (CR.NO.114/2011) ... RESPONDENT For Petitioner : M/S. G.BHAGAVATH SINGH Advocate For Respondent : MR.K.S.DURAIPANDI, Addl.Public Prosecutor(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are accused Nos. 1 to 3 in Crime No.114 of 2011 on the file of the respondent police for offences under Sections 341, 302 and 506(ii) of IPC. The alleged occurrence was on 27.08.2011 and they were arrested on 28.08.2011. They have come forward with this Petition seeking bail. 2. According to the case of prosecution, the first accused is employed in a foreign country. The fourth accused is his wife. In the absence of the first accused, the fourth accused had developed illegal intimacy with the deceased. The first accused returned to India very recently. The petitioners 2 and 3 herein are his close associates. On knowing that the deceased had illicit intimacy with his wife, the first accused called him to the place of occurrence, where all the three accused present and committed murder by attacking him with deadly weapons. On these allegations, the present case has been registered. 3. The learned counsel for the petitioner would submit that the petitioners have been in judicial custody for the past 75 days and the investigation would have been completed by this time and the petitioners have no other motive, except the motive attributed by the prosecution. He would further submit that the petitioners are not at all responsible for the death of the deceased. 4. I have considered the above submissions. https://hcservices.ecourts.gov.in/hcservices/ 5. As pointed out by the learned counsel for the petitioners, the petitioners have been in judicial custody for the past 75 days and by this time, the investigation would have been made substantial progress. Having regard to the fact that the deceased had illicit intimacy with the wife of the first accused and the fact that the petitioners have got permanent residence and therefore, there is no likelihood of absconding, I am inclined to grant bail to the petitioners, but with stringent conditions. 6. In the result, this Petition is ordered and bail is granted to the petitioners on the following conditions: - (i) The Petitioners shall be enlarged on bail on each of them 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 learned Judicial Magistrate, Thirumayam; and (ii) the Petitioner shall stay at Madurai and report before Karupayoorani Police Station, everyday at 10.30 a.m. until further orders. Sd/- 11/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE THIRUMAYAM 2 THE INSPECTOR OF POLICE, THIRUMAYAM POLICE STATION, PUDUKKOTTAI DISTRICT 3 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSEPCTOR OF POLICE, KARUPAYOORANI POLICE STATION, MADURAI 5 THE SUPERINTENDENT DISTRICT PRISON,PUDUKKOTTAI +1. CC to M/S. G.BHAGAVATH SINGH Advocate SR.No.38998 ssk/12.11.2011 /7c -2p/- ORDER IN CRL OP(MD) No.14646 of 2011 Date :11/11/2011 https://hcservices.ecourts.gov.in/hcservices/