BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) Nos.11728 and 11735 of 2011 RAJA ..PETITIONER/ACCUSED NO.2 in Crl.OP(MD)No.11728 of 2011 SATHISHKUMAR ..PETITIONER/ACCUSED NO.8 in Crl.OP(MD)No.11735 of 2011 Vs. STATE THROUGH THE SUB-INSPECTOR OF POLICE JAIHINDPURAM POLICE STATION, MADURAI CITY. ( CRIME NO.862 OF 2011 ). ..RESPONDENT/COMPLAINANT in Both the Petitions For Petitioner in Crl.OP(MD)No.11728 of 2011 : M/S. R.PRABU RAMCHANDRAN, Advocate For Petitioner in Crl.OP(MD)No.11735 of 2011 : MR.S.THIRUPATHI, Advocate For Respondent in Both the Petitions : MR.A.RAMAR, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A8 was arrested and remanded to judicial custody on 17.6.2011 and the petitioner/A2 surrendered on 27.6.2011 for the alleged offences punishable under Sections 147, 148, 341, 302 and 307 of IPC in Crime No.862 of 2011 on the file of the respondent police and hence, seeks bail. 2.The learned counsel for the petitioners would submit that the case has been registered against 3 named persons and the petitioners' names were not found in FIR and already A6, A9 and A10 were enlarged on bail and investigation is considerably over and hence, they come forward with this application and they prays for enlargement on bail. 3. The learned Additional Public Prosecutor (Crl.side) would submit that firstly the case has been registered against 3 persons Kulli @ Kulli Ramachandran and Amalaraj, Vikki @ Vickneshwar and on the basis of confession of A1, the petitioners/A2 and A8 were implicated and then only, the accused rank has been changed and investigation is going on. He fairly conceded that A6, A9 and A10 https://hcservices.ecourts.gov.in/hcservices/ were enlarged on bail and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides, the alleged occurrence has been taken place on 13.6.2011 and the case has been registered against 3 named persons Kulli @ Kulli Ramachandran and Amalaraj, Vikki @ Vickneshwar and others and admittedly, the petitioner's name have not been mentioned in FIR and after arrest of A1 and on the basis of the confession of A1, the petitioner's names were implicated and A6, A9 and A10 were arrested and enlarged on bail and investigation is considerably over, I am inclined to grant bail to the petitioner with certain conditions. 5. Accordingly, the petitioners/A2 and A8 are ordered to be released on bail on their executing a separate 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 No.IV, Madurai, and on further condition that the petitioners shall appear before the Judicial Magistrate No.IV, Madurai daily at 10.30 a.m. until further orders. sd/- 07/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE MADURAI. 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 5 THE SUB-INSPECTOR OF POLICE JAIHINDPURAM POLICE STATION, MADURAI CITY. +1. CC to M/S.R.PRABU RAMCHANDRAN Advocate SR.No.30168 +1CC TO MR.S.THIRUPATHI, Advocate Sr.No.30172 akm/08.09.11 /2p-8c/ ORDER IN CRL OP(MD) Nos.11728 and 11735 of 2011 Date :07/09/2011 https://hcservices.ecourts.gov.in/hcservices/