BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twelfth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11557 of 2011 K.CHANDRAN : PETITIONER/ACCUSED NO.4 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE SILAIMAN POLICE STATION, MADURAI RURAL. CRIME NO.71 OF 2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. R.DEENADAYALAN Advocate For Respondent : Mr. A.RAMAR Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as A4 and he was arrested and remanded to judicial custody for the alleged offence punishable under Sections 397 and 395 IPC and the occurrence took place on 16.04.2011 in Crime No.71 of 2011 on the file of the respondent police and hence, seeks bail. 2. The learned Counsel for the petitioner would submit that already A5 was arrested and enlarged on bail. He further submits that the petitioner is in judicial custody for nearly 85 days and the investigation is considerably over and hence he prays for enlargement on bail to the petitioner. 3. The learned Additional Public Prosecutor would submit that there is a theft of 12 1/2 of sovereign gold and 7 1/2 of sovereign of gold properties were recovered and the investigation is going on and if the petitioner is enlarged on bail, he will tamper the witness and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4. Considering the rival submissions made by both sides that the petitioner was in judicial custody from 14.06.2011 and admittedly already A5 enlarged on bail on 23.08.2011 and also considering the fact that the petitioner is in judicial custody for more than 85 days and some of the properties were recovered, 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 No.II,Madurai and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. Sd/- 12/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.2 MADURAI. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE SILAIMAN POLICE STATION, MADURAI RURAL. 5. THE SUPERINTENDENT CENTRAL PRISON, MADURAI. +1 CC to M/S. R.DEENADAYALAN Advocate SR.No.30827 ORDER IN CRL OP(MD) No.11557 of 2011 Date :12/09/2011 NSV/13.9.11/2P/7C https://hcservices.ecourts.gov.in/hcservices/