BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirtieth day of November Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE V.PERIYA KARUPPIAH CRL OP(MD) No.15310 of 2011 MAYANDI ... PETITIONER/ACCUSED Vs THE SUB INSPECTOR OF POLICE SUTHAMALLI POLICE STATION, CR NO. 12/2007, TIRUNELVELI DT ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S.RAGAVENTHRE Advocate For Respondent : 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 accused in S.C.No.83 of 2010 on the file of the learned II Additional Sessions Judge, Tirunelveli, Tirunelveli District for the offence under Sections 341, 294(b), 323 and 506(i) IPC r/w.Section 3(1)(x) of SC/ST Act, 1989. He was arrested on 02.11.2011. He seeks bail. 2. Heard Mr.S.Ragaventhre, learned counsel for the petitioner and Mr.K.S.Duraipandian, learned Additional Public Prosecutor for the state. 3. The learned counsel appearing for the petitioner would submit in his argument that the petitioner was granted bail in cirme nO.12 of 2007 on the file of the respondent police and the case was investigated and charge sheet has also been filed and the case was committed to Session Court and the same was taken on file in S.C.No.83 of 2010 by the learned II Additional Sessions Judge, Tirunelveli, Tirunelveli District and during the pendency of the said case, he was in judicial custody in yet another case in P.R.c.No.90 of 2008 and the said case has been charge sheeted for the offence under Sections 294(b) and 307 IPC and therefore, he could not appear before the learned II Additional Sessions Judge, Tirunelveli, Tirunelveli District in S.C.No.83 of 2010 and therefore, Non-Bailable Warrant has been issued without knowing that he was in judicial custody. After released from the said case the petitioner was arrested by executing the non-bailable warrant issued against him and he was produced before Court. She would further submit that there is no intention on the part of the petitioner for absconding or not appearing before the Court in S.C.No.83 of 2010 and therefore, the petitioner may be granted bail and he is ready to abide any conditions likely to be imposed by this Court. 4. The learned Government Advocate (Crl.Side) would submit in his argument that if for any reason, this court is inclined to grant bail to the petitioner, suitable conditions may be imposed. 5. Considering the submissions made on either side, this court could see that the submission of the learned counsel for the petitioner that the petitioner could not appear before the lower court on the hearing https://hcservices.ecourts.gov.in/hcservices/ date in S.C.No.83 of 2010 due to his arrest made in P.R.C.No.9 of 2008 is convincing. However, the petitioner ought to have applied for cancellation of non-bailable warrant issued against him immediately after his release in yet another case. However, it was submitted by the learned counsel for the petitioner that the petitioner was arrested immediately and therefore he has come forward with this application for bail. Considering the above facts and circumstances this court is inclined to grant bail to the petitioner, but with stringent conditions. 6. 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 like sum to the satisfaction of the learned II Additional Sessions Judge, Tirunelveli and (ii) the petitioner shall report before the learned II Additional Sessions Judge, Tirunelveli, Tirunelveli District everyday at 10.30 am., until further orders and the petitioner shall co-operate to complete the trial in an expeditious manner. sd/- 30/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE II ADDITIONAL SESSIONS JUDGE, TIRUNELVELI 2. THE PRINCIPAL SESSIONS JUDGE, TIRUNELVELI DISTRICT 3. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI 4. THE SUB INSPECTOR OF POLICE SUTHAMALLI POLICE STATION, TIRUNELVELI DISTRICT 5. THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. S.RAGAVENTHRE Advocate SR.No.42141 GH : 01.12.2011 : 2P/7C ORDER IN CRL OP(MD) No.15310 of 2011 Date :30/11/2011 https://hcservices.ecourts.gov.in/hcservices/