1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of October Two Thousand Eleven PRESENT The Hon`ble Mr. Justice C.S.KARNAN CRL OP(MD) No.13379 of 2011 BALAKRISHNAN @ MOOKKAN ... PETITIONER / ACCUSED NO.7 Vs THE STATE REPRESENTED BY THE SUB-INSPECTOR OF POLICE ELATHUR POLICE STATION, CRIME NO.4/2011, TIRUNELVELI DISTRICT. ... RESPONDENT / COMPLAINANT For Petitioner : MR.V.KATHIRVEL, Senior Advocate for M/S. S.RAGAVENTHRE Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as Accused No.7 for alleged offences punishable under Sections 174 Cr.P.C. @ 365 IPC @ 143, 365 and 302 r/w 149 IPC., in Crime No.4 of 2011 on the file of the respondent Police, has come forward with the present petition seeking bail under Section 439 of the Code of Criminal Procedure. 2. The learned Senior Counsel for the petitioner would submit that totally there are seven accused in this case and the allegation levelled against the petitioner is that the petitioner along with other accused have kidnapped the deceased in Maruthi Omni Car and took hims tot he outskirts of the Village and strangulated him and caused the death of the deceased. The learned Senior Counsel would further submit that the name of the petitioner does not find in the First Information Report and the co-accused also have not implicated the petitioner as an accused in the confession statement. He would further submit that the petitioner is in judicial custody from 20.09.2011. Hence, he prays for enlargement of the petitioner on bail. 3. The learned Public Prosecutor would submit that the overt act attributed against the petitioner is that he caught hold the hands of the deceased and punched on his neck, nose and hands. Hence, he prays for dismissal of the petition for bail. 4. Considering the facts and circumstances of the case and also considering the arguments advanced by the learned counsel appearing on either side, this Court is inclined to grant bail to the petitioner with certain conditions. https://hcservices.ecourts.gov.in/hcservices/ 2 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, Shenkottai and on further condition that the petitioner shall report before the respondent police daily at 10.00 a.m., until further orders. sd/- 04/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, SHENKOTTAI. 2. THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI. 3. THE SUB-INSPECTOR OF POLICE ELATHUR POLICE STATION, TIRUNELVELI DISTRICT. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 5. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. +1. CC to M/S. S.RAGAVENTHRE Advocate SR. No.34759 ORDER IN CRL OP(MD) No.13379 of 2011 Date :04/10/2011 RJ/7.10.11 2p/7c https://hcservices.ecourts.gov.in/hcservices/