BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.14166 of 2011 O.THANGAVEL ... PETITIONER/ACCUSED (RANK NOT KNOWN) Vs STATE REP.BY, THE SUB INSPECTOR OF POLICE PALANI TALUK POLICE STATION, DINDIGUL DISTRICT IN CR.NO. 408 OF 2011 ... RESPONDENT For Petitioner : M/S. K.GOKUL Advocate For Respondent : MR.K.S.DURAIPANDI, Addl.Public Prosecutor(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the second accused in Crime No.408 of 2011 on the file of the respondent police, for offences under Section 302 I.P.C. He has been in judicial custody from 16.09.2011 onwards. He Seeks bail. 2. According to the case of prosecution, the deceased by name Valasayi aged 70 years was found dead in mysterious circumstances. Thereafter, the petitioner and the first accused were arrested on 16.09.2011. The first accused has given a confession statement to the police, wherein he stated that he only cut the deceased with the assistance of the petitioner. The aruval said to have been used by the accused, has been recovered from the possession of A-1. With these allegations, the present case has been investigated against the petitioner also. 3. According to the learned counsel appearing for the petitioner, the petitioner has got nothing to do with the offence and he has been falsely implicated in this case, due to previous animosity. He would further submit that as of now there is no other material, except the confession statement said to have been given by the first accused to the police. Therefore, the petitioner is entitled for bail, the learned counsel contended. 4.The learned Additional Public prosecutor would oppose the bail application. He would submit that the investigation is in progress. He would further submit that so far no other material has been https://hcservices.ecourts.gov.in/hcservices/ collected except the confession statement said to have been given by the first accused against the petitioner. 5. I have considered the above submissions. 6. Having regard to the rival submissions, more particularly, the fact that except the confession said to have been given by the first accused to the police, there is no other material collected against the petitioner to show his involvement in the crime and the fact that the petitioner has been in judicial custody from 16.09.2011, and in view of the fact that if the petitioner is released on bail, he will not hamper the investigation in any manner, I am inclined to grant bail to the petitioner, but with stringent conditions. 7. 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 likesum to the satisfaction of the learned Judicial Magistrate, Palani; and (ii) the Petitioner shall remain at Madurai and report before the Tallakulam Police Station, Madurai, everyday at 10.30 a.m. until further orders. Sd/- 09/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE PALANI 2 THE SUB INSPECTOR OF POLICE PALANI TK POLICE STATION, DINDIGUL DIST 3 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE SUPERINTENDENT, CENTRAL JAIL, MADURAI 5 THE INSEPCTOR OF POLICE, TALLAKULAM POLICE STATION, MADURAI +1. CC to M/S. K.GOKUL Advocate SR.No.38617 ssk/10.11.2011 /7c -2p/- ORDER IN CRL OP(MD) No.14166 of 2011 Date :09/11/2011 https://hcservices.ecourts.gov.in/hcservices/