BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirtieth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.14640 of 2011 BALAKRISHNAN : PETITIONER/ACCUSED NO.3 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE, AVANIYAPURAM POLICE STATION, MADURAI DISTRICT. (CRIME NO.472 OF 2011) : RESPONDENT/COMPLAINANT For Petitioner : M/S. R.ALAGUMANI 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 petitioner is ranked as A-2 in Crime No.472 of 2011 on the file of the respondent police, for offence under Sections 302 and 201 of I.P.C. The petitioner was arrested on 16.09.2011. He has come forward with this petition seeking bail. 2. Heard Mr.R.Alagumani, learned counsel for the petitioner and Mr.K.S.Duraipandian, learned Additional Public Prosecutor for the State. 3. The learned counsel appearing for the petitioner would submit in his argument that the petitioner is ranked as A-2 and there is no specific overt act against the petitioner except that he was catching hold of the deceased person along with A-3, who was in a drunken mood, in order to prevent him from assaulting A1, who is the father of the deceased person and the petitioner. He would further submit in his argument that the mother of the petitioner/A3, who is on the same footing, was granted bail by the learned Sessions Judge (but she was mistakenly referred to as A-2). He would further submit that the petitioner has been in judicial custody for more than 72 days and the investigation would have been completed by this time and therefore, he may be granted bail. 4. The learned Government Advocate(Crl. Side) would submit in his argument that the petitioner is ranked as A-2 (he was not ranked as A-3 as stated in the petition). The petitioner being the son of A-1 and A- 3 had dispute with the deceased person, who is also one of the sons of A-1 and A-3, and while he was in a drunken mood had quarrelled with the first accused - father. In that melee, the first accused had attacked the deceased person with crowbar while accused Nos. 2 and 3 were catching hold of the deceased person. He would further submit that the https://hcservices.ecourts.gov.in/hcservices/ co-accused viz., A-3 - mother has been released on bail by the learned Sessions Judge and if for any reason, this Court is inclined to grant bail to the petitioner, stringent conditions may be imposed for his secured presence. 5. Considering the submissions made by both sides, I could see that the petitioner is not ranked as A-3 as stated in the petition. But he is ranked as A-2. The mother of the petitioner is ranked as A-3 in the F.I.R and she was not ranked as A-2 as stated in the orders passed by the learned Sessions Judge. Admittedly, the mother - A-3 was granted bail by the Sessions Judge. The overt act attributed to both of them ie., A-2 and A-3 are similar i.e., both of them have caught hold of the deceased person, who was in a drunken mood to avoid conflict between the deceased person and A-1 - father. In the said circumstances, I could see that there is a prima facie case for grant of bail to the petitioner, as the co-accused had already been granted bail. However, in view of the fact that the investigation is pending at its fag end, this Court is inclined to impose condition for the secured presence of the petitioner. 6. In the result, this petition is ordered and bail is granted to the petitioner on the following conditions: - (i) The Petitioner shall be enlarged on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate No.6, Madurai; and (ii) the Petitioner shall stay at Dindigul report before the Dindigul North Police Station, daily twice i.e., morning at 10.30 a.m and evening at 5.30 p.m., until further orders. Sd/- 30/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.6, 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, AVANIYAPURAM POLICE STATION, MADURAI DISTRICT. 5. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 6. THE INSEPCTOR OF POLICE, DINDIGUL NORTH POLICE STATION, DINDIGUL. +1 CC to M/S. R.ALAGUMANI Advocate SR.No.42320 ORDER IN CRL OP(MD) No.14640 of 2011 Date :30/11/2011 NSV/1.12.11/2P/8C https://hcservices.ecourts.gov.in/hcservices/