BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.16198 of 2011 RAMAR : PETITIONER/ACCUSED NO.2 Vs. THE INSPECTOR OF POLICE, THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT. (CR.NO.314/2011) : RESPONDENT/COMPLAINANT For Petitioner : M/S. G.THALAIMUTHARASU Advocate For Respondent : Mr. K.S.DURAIPANDIAN Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the second accused in Crime No.314 of 2011 on the file of the respondent police, for offence under Sections 366(A) of I.P.C. The petitioner was arrested and remanded to judicial custody on 15.10.2011. He has come forward with this petition seeking bail. 2. Heard Mr.G.Thalaimutharasu, learned counsel for the petitioner and Mr.K.S.Duraipandinan, learned Additional Public Prosecutor appearing for the State. 3. The learned counsel appearing for the petitioner would submit in his argument that the petitioner is ranked as A-2, who is the brother of the first accused. He would further submit in his argument that the petitioner has no role in the offence said to have been committed by the first accused against the minor girl. He would further submit that the petitioner has been in judicial custody from 15.10.2011 and he is ready to abide any conditions likely to be imposed by this Court for the grant of bail. 4. The learned Additional Public Prosecutor would submit in his argument that the minor girl, who was said to have been kidnapped by the first accused is not traced so far and the investigation is pending. He would further submit that the petitioner had also participated in the occurrence along with the first accused. He would further submit that there is likelihood of securing the minor girl soon. He would further submit that if for any reason, this Court is inclined to grant bail to the petitioner, suitable conditions may be imposed for his secured presence. 5. I have considered the above submissions. https://hcservices.ecourts.gov.in/hcservices/ 6. Considering the submissions made by both sides, this Court could see that the petitioner is ranked as A-2 and was said to have assisted the first accused for kidnapping the minor girl. Admittedly, the minor girl yet to be secured and the investigation is pending. However, the petitioner has been in judicial custody from 15.10.2011 for more than 60 days. Under the said circumstances, this Court finds that the petitioner, who is ranked as A-2 is entitled for bail, 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, Manamadurai; and (ii) the Petitioner shall stay at Madurai and report before the Madurai Theppakulam Police Station, everyday at 10.30 a.m., until further orders. sd/- 14/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, MANAMADURAI. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE, THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT. 5. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 6. THE INSPECTOR OF POLICE, THEPPAKULAM POLICE STATION, MADURAI. +1 CC to M/S. G.THALAIMUTHARASU Advocate SR.No.43629 ORDER IN CRL OP(MD) No.16198 of 2011 Date :14/12/2011 NSV/14.12.11/2P/8C https://hcservices.ecourts.gov.in/hcservices/