BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Monday, the First day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD)Nos.8715 & 8793 of 2011 KOTTIAPPAN :PETITIONER / ACCUSED NO.5 IN CRL OP(MD)NO.8715/11 1.MAYANDI 2.PATTURAJAN @ PATTU 3.MURUGAN @ MANNANNAI :PETITIONER/ACCUSED NOS.2 TO 4 IN CRL OP(MD)8793/11 -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, THALAIYUTHU POLICE STATION, TIRUNELVELI DISTRICT. (CRIME NO.206 OF 2011) :RESPONDENTS / COMPLAINANTS IN BOTH CRL OP'S For Petitioner in Crl.OP.8715/11 : M/S. V.MAHARAJAN Advocate For Petitioner in Crl.OP.8793/11 : M/S. P.RAJKUMAR Advocate For Respondent in Crl.OP's : MR.A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR. PETITIONS FOR BAIL Under Sec.439 Cr.P.C. ORDER:The Court Made the following order:- The petitioners are arrayed as A2,A3,A4 and A5 and A5 was arrested and remanded to judicial custody on 8.6.2011 and A3 and A4 were arrested and remanded to judicial custody on 6.6.2011 and A2 surrendered before the learned Judicial Magistrate No.II, Madurai for the alleged offences punishable under Sections 147, 148, 452, 324, 307 and 302 of IPC in Crime No.206 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 took place on 4.6.2011 and A1 and A2 attacked the deceased and A3 to A5 were standing outside the shop and they are in judicial custody for more than 55 days and investigation is considerably over and hence, he prays for enlargement on bail. 3.The learned Additional Public Prosecutor (Crl.side) submitted that a case has been registered against A1 to A5 and as it is a retaliation murder, tension prevails in the locality and if the petitioners are enlarged on bail, they will abscond from the jurisdiction and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides and on a perusal of case diary, this Court could find that alleged occurrence took place on 4.6.2011 at 21.30 hours and complaint has been given on the same day and immediately case has been registered under Sections 147, 148, 452, 324 and 307 and 302 of IPC and the name of the petitioners have been mentioned in FIR and the deceased is only 21 years old and regarding the murder of one Isakki belonging to the accused side, one Babu has been murdered and even though the case has been registered on 4.6.2011, investigation is in initial stage. Moreover, it is a retaliation murder and tension prevails in the District. If the petitioner enlarged on bail, it will cause harm to their life also and they will abscond from the jurisdiction and they will cause hindrance to the disposal of the case and hence, I do not find any merit in the applications. The petitions are dismissed. sd/- 01/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO:1.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 2.The Superintendent, Central Prison, Palayamkottai, Tirunelveli District 3.The Inspector of Police,Thalaiyuthu Police Station,Tirunelveli District RP/04.08.2011/1P/4C. ORDER IN CRL OP(MD)Nos.8715 & 8793 of 2011 https://hcservices.ecourts.gov.in/hcservices/