BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Nineteenth day of October Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE S.NAGAMUTHU CRL OP(MD) No.13603 of 2011 SARAVANAN ... PETITIONER/ACCUSED NO.3 Vs STATE RE. BY THE SUB-INSPECTOR OF POLICE USILAMPATTI TOWN POLICE STATION, MADURAI DISTRICT. CRIME NO.440/2011 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.P.SENGUTTUARASAN ADVOCATE FOR RESPONDENT : MR.PRABHU RAJADURAI ADDITIONAL PUBLIC PROSECUTOR PETITION FOR BAIL UNDER SEC.439 CR.P.C. ORDER : THE COURT MADE THE FOLLOWING ORDER :- The petitioner is the third accused in Crime No.440 of 2011 on the file of the respondent police for offences under Sections 120(B) and 302 IPC. He was arrested on 28.07.2011. He has come forward with this petition seeking bail. 2. According to the case of prosecution, the first accused is the wife of the deceased. She had illicit intimacy with A2. Therefore, A1 and A2 conspired to do away with the deceased. Accordingly, A1 gave a sum of Rs.1,75,000/- to the second accused for the purpose of executing the murder. It is alleged that accordingly A2 with the help of other accused committed the murder. 3. It is submitted by the learned Additional Public Prosecutor that investigation has made substantial progress and except A1 all the other accused have been secured. 4. The learned counsel for the petitioner would submit that the petitioner has been in jail for the past 82 days, by this time, investigation would have been made substantial progress. He would further submit that there is no specific overt act attributed against this petitioner and he will not abscond. 5. Having regard to all the above submissions, more particularly with regard to the fact that the petitioner is in jail for the past 82 days and the investigation has made substantial progress and also the fact that there is no specific overt act against the petitioner, I am 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: - https://hcservices.ecourts.gov.in/hcservices/ (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 Judicial Magistrate, No.I, Usilampatti; and (ii) the Petitioner shall stay at Trichy and report before the Cantonment Police station, everyday at 10.30 a.m. until further orders. sd/- 19/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.1, USILAMPATTI. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE SUB-INSPECTOR OF POLICE, USILAMPATTI TOWN POLICE STATION, MADURAI DISTRICT. 5 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC TO M/S. P.SENGUTTUARASAN ADVOCATE SR.NO.36071. ORDER IN CRL OP(MD) No.13603 of 2011 Date :19/10/2011 2P/7C RPB : 19.10.2011 https://hcservices.ecourts.gov.in/hcservices/