1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Tuesday, the Twenty Second day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.15123 of 2011 1 SARAVANAN 2 NALLAMUTHU :PETITIONERS / ACCUSED NOS.1 & 3 -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, THANJAVUR TALUK POLICE STATION, THANJAVUR. CRIME NO.558/2011 :RESPONDENT / COMPLAINANT For Petitioner : M/S. S.DEENADHAYALAN, Advocate For Respondent : MR.K.S.DURAIPANDIAN, ADDITIONAL PUBLIC PROSECUTOR. PETITION FOR BAIL Under Sec.439 Cr.P.C. ORDER:The Court Made the following order:- The petitioners are accused in Crime No.558 of 2011 on the file of the respondent police for offences under Section 302 I.P.C. The petitioners were arrested and remanded to judicial custody on 12.09.2011. In these circumstances, they seek bail. 2.Heard Mr.S.Deenadhayalan, learned counsel appearing for the petitioner and Mr.K.S.Duraipandian, learned Additional Public Prosecutor appearing for the State. 3.The learned counsel appearing for the petitioners would submit in his argument that the petitioners are ranked as A-1 and A-3 in the case and they are innocent persons. Even according to the case of prosecution, during the wordy quarrel between both parties, the deceased was said to have attacked by the first petitioner/A-1 with knife and the second petitioner with wooden log. He would further submit in his argument that the co-accused viz., A-2 and A-4 were granted bail by this Court in Crl.O.P(MD)No.13755 of 2011 and the petitioners are languishing in jail for more than 73 days and they are ready to abide any conditions likely to be imposed by this Court. 4.The learned Additional Public Prosecutor would submit in his argument that the overt act as against the first petitioner/first accused is that he attacked the deceased with knife and that injury is the cause of death of the deceased and the overt act as against the second petitioner/third accused is that he is said to have attacked the deceased with wooden log. He would further submit that the investigation is pending and await for post-mortem and chemical analysis report. He would further submit that if for any reason, the petitioners are released on bail, there is a likelihood of absconding from the https://hcservices.ecourts.gov.in/hcservices/ 2 clutches of law. He would further submit that the release of A-2 and A-4 are in a different footing and therefore, the petitioners may not be granted with bail. 5.Considering the submissions made by both parties, I could see that the first petitioner is ranked as A-1 and the second petitioner is ranked as A-3. The case of the prosecution is that the first petitioner/first accused had a specific overt act to the effect that he is said to have attacked the deceased with knife and it had caused the death of the deceased. However, the overt act as against the second petitioner/A-3 is to effect that he is said to have attacked the deceased with wooden log. So far as the other accused A-2 and A-4 are concerned, they have also used the wooden log and caused injuries over the deceased. At this juncture, I could see that the second petitioner is aged 85 years and the investigation is pending. In the said circumstances, I am inclined to grant bail to the second petitioner since the overt act of A-3 is on the same footing with that of A-2 and A-4. So far as the first petitioner is concerned, I find no reason to grant bail in favour of the first petitioner since the accusation against the first petitioner is more serious and in a different footing. Therefore, the claim of bail as regards the first petitioner is dismissed. 6.In the result, this petition is ordered in respect of the second petitioner and bail is granted to the second petitioner on the following conditions: - (i) The second Petitioner shall be enlarged on bail on 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, Thanjavur; and (ii) the second Petitioner shall report before the respondent police, everyday at 10.30 a.m. until further orders. sd/- 22/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO: 1.The Judicial Magistrate No:II, Thanjavur. 2.-Do- Thro'The Chief Judicial Magistrate, Thanjavur @ Kumbakonam 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4.The Superintendent, Central Prison, Trichy. 5.The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur. +1. CC to M/S. S.DEENADHAYALAN Advocate SR.No.40883. RP/23.11.2011/2P/7C. ORDER IN CRL OP(MD) No.15123 of 2011. https://hcservices.ecourts.gov.in/hcservices/