1 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.14617 of 2011 M.MAHESHWARAN :PETITIONER / ACCUSED NO.1 -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, KALLIKUDI POLICE STATION, MADURAI DISTRICT. CR.NO. 146 OF 2011 :RESPONDENT / COMPLAINANT For Petitioner : M/S. C.VAKEESWARAN, Advocate For Respondent : MR.K.S.DURAIPANDIAN, ADDL. PUBLIC PROSECUTOR. PETITION FOR BAIL Under Sec.439 Cr.P.C. ORDER:The Court Made the following order:- The petitioner is the first accused in Crime No.146 of 2011 on the file of the respondent police for offences under Sections 341, 302 and 506(ii) of IPC. The alleged occurrence in this case was on 20.08.2011 and he was arrested on 21.08.2011. He has come forward with this Petition seeking bail. 2. According to the case of prosecution, the petitioner and other accused due to previous motive came with deadly weapons to the occurrence place, attacked the deceased and caused the death instantaneously. The other accused is granted bail by this Court. So far as the petitioner is concerned, he is attributed with one overt act that he caused injury on the neck of the deceased and the other accused caused other injuries. 3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case due to previous animosity and due to previous civil dispute. He would further submit that on an earlier occassion on 20.08.2011, the wife of the petitioner gave a complaint against the deceased already and a case has been registered in Crime No. 148 of 2011. 4. I have considered the above submissions. https://hcservices.ecourts.gov.in/hcservices/ 2 5. The petitioner is in judicial custody for the past 83 days. The other accused have been granted bail and the investigation would have attained substantial progress by this time. There is also another case against the de-facto complainant already and there is no likelihood of absconding. 6. Having regard to all the aspects, by granting bail to the petitioner, the further investigation will not be in any manner hampered at all. Having regard to the above, I am inclined to grant bail to the petitioner, but with stringent conditions. 7. In the result, this Petition is ordered and bail is granted to the petitioner on the following conditions: - (i) The Petitioner shall be enlarged on bail on his 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, Thirumangalam; and (ii) the Petitioner shall report before the Sivagangai Town 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, Thirumangalam, Madurai District. 2.-Do- Thro' The Chief Judicial Magistrate, Madurai. 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4.The Superintendent, Central Prison, Madurai. 5.The Inspector of Police, Kallikudi Police Station, Madurai District. +1. CC to M/S. C.VAKEESWARAN Advocate SR.No.39144. RP/11.11.2011/2P/7C. ORDER IN CRL OP(MD) No.14617/11 Date :11/11/2011. https://hcservices.ecourts.gov.in/hcservices/