1 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) No.9311 of 2011 VELPANDI ... PETITIONER/ACCUSED No.8 Vs THE STATE REP.BY THE INSPECTOR OF POLICE KURUMBUR POLICE STATION, THOOTHUKUDI DISTRICT. (CRIME NO.114 OF 2011) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. V.NATARAJAN 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 A8 and he was arrested and remanded to judicial custody on 21.06.2011 for the alleged offences punishable under Sections 147, 148, 294(b) and 302 of I.P.C., in Crime No.114 of 2011 on the file of the respondent police and hence, seeks bail. 2.The learned counsel for the petitioner would submit that a false case has been foisted against him for the offences punishable under Sections 147, 148, 294(b) and 302 of I.P.C. He further submitted that the petitioner is arrayed as A8 and the petitioner's name does not find place in FIR and on the basis of confession of A4 only he was arrested on 21.6.2011 and he is in judicial custody for more than 50 days and hence, he prays for enlargement on bail. 3. The learned Additional Public Prosecutor (Crl.side) would submit that the case has been registered against 11 persons and on the basis of confession given by A4, the petitioner is arrayed as A8 and A1, A2, A4 and A7 surrendered and remanded to judicial custody and A4, A6, A8, A9 and A10 were arrested and remanded to judicial custody. He further submitted that 9 witnesses were examined and investigation is pending 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 the alleged occurrence https://hcservices.ecourts.gov.in/hcservices/ 2 took place on 19.6.2011 at 5.30 p.m and complaint has been given on the same day at 7.30 p.m and the case has been registered under Section 147,148, 294(b) and 302 IPC and the petitioner's name Velpandi does not find place in FIR and on the basis of confession given by A4, he was arrested and as per the version of the learned Additional Public Prosecutor A4 was arrested and released on bail. Considering the same and since there is no overt act against the petitioner and investigation is considerably over, I am inclined to grant bail to the petitioner with certain conditions. 5. Accordingly, the petitioner is ordered to be released 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 Judicial Magistrate, Srivaikundam, and on further condition that the petitioner shall stay at Trichy and appear before the Judicial Magistrate No.1, Trichy, daily at 10.30 a.m. until further orders. sd/- 01/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN. 3 THE JUDICIAL MAGISTRATE NO.I,TRICHY. 4 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 5 THE INSPECTOR OF POLICE, KURUMBUR POLICE STATION, TOOTHUKUDI DISTRICT. 6 THE SUPERITENDENT,CENTRAL PRISON,PALAYAMKOTTAI. 7 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S. V.NATARAJAN Advocate SR.No.25352 ORDER IN CRL OP(MD) No.9311 of 2011 Date :01/08/2011 PA/02.08.2011/2P/9C https://hcservices.ecourts.gov.in/hcservices/