1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11268 of 2011 TAMILARASU ... PETITIONER/ACCUSED NO.10 Vs STATE REP.BY THE INSEPCTOR OF POLICE JAIHININDHPURAM POLICE STATION MADURAI, CR.NO. 862/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.ASAITHAMBI 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 A-10 and he was arrested and remanded to judicial custody on 17.06.2011 for the alleged offence punishable under Sections 147, 148, 341,324 and 307 IPC @ 302 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 petitioner was charged under Section 302 IPC., and a false case has been foisted against the petitioner and his name is not find place in the F.I.R. He would further submit that the petitioner is an innocent person and the investigation is over and hence he prays for enlargement on bail. 3.The learned Additional Public Prosecutor would submit that the alleged occurrence has been taken place on 13.06.2011 and the petitioner's name is not find place in the F.I.R., only on the basis of the confession given by A1, the petitioner's name has been included in the case. He would further submit that in the confession statement, it has been stated that the petitioner is facilitated the accused to commit the murder and the investigation is going on and there is a motive of commission of offence. He would further submit that the deceased was attacked by A1 with aruval and all the other accused are in judicial custody if the petitioner is https://hcservices.ecourts.gov.in/hcservices/ 2 released on bail, he will tamper the witnesses and abscond from the jurisdiction and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides, it is clear that the alleged occurrence has been taken place on 13.06.2001 and a case has been registered for the offence under Sections 147, 148, 341, 324 and 307 IPC and subsequently, it was altered into one under Section 302 IPC and the petitioner was arrested on 17.06.2011. The petitioner has been implicated in this case only on the basis of the confession given by A1. As per the averment of the Additional Public Prosecutor, this petitioner has facilitated the other accused to commit the murder. In such circumstances, I am of the view since the accused was arrested on 17.06.2011 and he is in custody for more than 65 days, I am inclined to grant bail to the petitioner with certain conditions. 5.Accordingly, the petitioner is ordered to be released 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.IV, Madurai and on further condition that the petitioner shall report before the Court concerned daily 10.30 a.m. until further orders. sd/- 25/08/2011 / 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 THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE OFFICER INCHARGE, BORSTAL SCHOOL, MELUR 4 THE INSEPCTOR OF POLICE, JAIHININDHPURAM POLICE STATION MADURAI 5 THE PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.S.ASAITHAMBI Advocate SR.No.29097 ORDER IN CRL OP(MD) No.11268 of 2011 Date :25/08/2011 TR : 26.08.2011: 2p/7c https://hcservices.ecourts.gov.in/hcservices/