1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirtieth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.13195 of 2011 M.MAHARAJAN ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY THE SUB-INSPECTOR OF POLICE NALATTINPUDUR POLICE STATION, TUTICORIN DISTRICT, CRIME NO.236/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. M.MARAN Advocate For Respondent : MR.A.RAMAR, Addl.Public Prosecutor ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as an accused and he was arrested and remanded to judicial custody on 13.08.2011 for the alleged offence punishable under Section 302 of I.P.C., in Crime No.236 of 2011 on the file of the respondent police and hence, seeks bail. 2. The learned counsel for the petitioner would submit that the alleged occurrence has been taken place on 12.08.2011 at 9.30 p.m., when the petitioner came to the deceased house, who is none other than the mother, at that time, he came to know that she is having illicit intimacy with an unidentified person and hence, the petitioner has committed an act of murder. He further submitted that after receiving the information from the daughter of the deceased, the petitioner was arrested and remanded to judicial custody on 13.08.2011. He further submitted that the investigating is considerably over and hence, he prays for enlargement on bail. 3. The learned Additional Public Prosecutor would submit that since the mother of the petitioner was having illicit intimacy with another person, the son has murdered his mother 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 alleged occurrence has been taken place on https://hcservices.ecourts.gov.in/hcservices/ 2 12.08.2011, on the fateful day, the petitioner came to the deceased's house, who is none other than the mother of the petitioner, and he knocked the door, however, no one was opening the door and subsequently, the petitioner came to know that the deceased was having sexual relationship with an unidentified person and therefore, the petitioner has committed the murder on the spur of the moment and the investigation is considerably over and he is in custody from 13.08.2011 and the occurrence has been taken only on sudden and provocation, I am inclined to grant bail to the petitioner with certain conditions. 6. Accordingly, the petitioner is ordered to be released on bail 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 No.I, Kovilpatti, Tuticorin District and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. sd/- 30/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI, TUTICORIN DISTRICT. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN. 3 THE SUB INSPECTOR OF POLICE, NALATTINPUDUR POLICE STATION,TUTICORIN. 4 THE SUPERINTENDENT, CENTRAL PRISON,PALAYAMKOTTAI. 5 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S. M.MARAN Advocate SR.No.34270 ORDER IN CRL OP(MD) No.13195 of 2011 Date :30/09/2011 PA/30.09.2011/2P/7C https://hcservices.ecourts.gov.in/hcservices/