BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of November Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE S.NAGAMUTHU CRL OP(MD) No.13843 of 2011 1. M.UTHIRAKUMAR, 2. MARI THEVAR ... PETITIONERS/ACCUSED Nos.2 & 3 Vs THE INSPECTOR OF POLICE, KALLIKUDI POLICE STATION, MADURAI DT. CR. NO.146/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. C.VAKEESWARAN 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 Nos.2 and 3 in Cr.No.146 of 2011 on the file of the respondent police for the offences punishable under Sections 341, 302 and 506(ii) of IPC. The alleged occurrence in this case was on 20.08.2011 at 8.30 pm., The first petitioner was arrested on 22.08.2011 and the second petitioner was arrested on 24.08.2011. They have come forward with this petition seeking bail. 2. According to the case of prosecution, there are totally three accused. The petitioners are accused Nos.2 and 3. The first petitioner is the son of the second petitioner. The first accused is the yet another son of the second petitioner. According to the case of. The prosecution, there was a dispute between the family of the accused and that of the deceased for quite some time over a pathway. This gave rise to a motive. Because of the said motive, it is alleged that on the day of occurrence, when the deceased was standing near the Soraja Rice Mill in the village, all the three petitioners emerged with deadly weapons. The first and second accused were armed with aruval and the third accused was armed with velkambu. All the three accused made an attack on the deceased. Due to that attack, the deceased died on the spot. Then, the wife of the deceased preferred a complaint. On the basis of the said complaint, the present case has been registered. 3. The learned Additional Public Prosecutor would oppose this petition by submitting that if the petitioners will be released on bail, surely, investigation would be hampered and now, the investigation is pending through a crucial stage. 4. But, the learned counsel for the petitioners would deny all the above allegations. According to him at about 6.30 pm., on 20.08.2011, the deceased came to the house of the accused in drunken state and indulged in violence,. Regarding the same, a complaint was preferred to the police by the wife of the first petitioner on the same day. But case was registered on the said complaint only on 22.08.2011. The learned counsel for the petitioners would further submit that the petitioners are innocent people and they have been falsely implicated in this case. https://hcservices.ecourts.gov.in/hcservices/ 5. I have considered the above submissions. 6. Admittedly, the petitioners have been in prison from 22.08.2011 and 24.08.2011 onwards. A perusal of the record would go to show that though the petitioners have over acts, the injuries caused by them are not the cause for the death. The learned counsel for the petitioners would further submit that the investigation would have been made substantial progress by this time. 7. Having regard to the above, I am of the view that it would be appropriate to grant bail to the petitioners at this stage. In view of the same, this petition is allowed. 8. In the result bail is granted to the petitioners on the following conditions :- (i) The petitioners shall be enlarged on bail on each 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, Thirumangalam and (ii) The petitioners shall remain at Sivagangai and report before the Sivagangai Town Police Station, everyday at 10.30 am., until further orders. sd/- 01/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, THIRUMANGALAM 2. THE CHIEF JUDICIAL MAGISTRATE,MADURAI 3. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 4. THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI 5. THE INSPECTOR OF POLICE, KALLIKUDI POLICE STATION, MADURAI 6. THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. C.VAKEESWARAN Advocate SR.No.37331 GH : 02.11.2011 : 2P/8C ORDER IN CRL OP(MD) No.13843 of 2011 Date :01/11/2011 https://hcservices.ecourts.gov.in/hcservices/