1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of October Two Thousand Eleven PRESENT The Hon`ble Mr. Justice S.NAGAMUTHU CRL OP(MD) No.13681 of 2011 1 APPUNATHAN 2 SUNDARRAJ 3 GANESH RAJA 4 PACKIARAJ 5 NATARAJAN 6 BALAIYAN 7 MURUGESAN, S/O. NATARAJAN 8 MURUGESAN, S/O. MARIMUTHU ... PETITIONERS/ACCUSED NO.1 TO 8 Vs STATE REP. BY INSPECTOR OF POLICE PATTUKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT, CRIME NO.261/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. S.DEENADHAYALAN Advocate For Respondent : MR.K.S.DURAIPANDIAN, Addl. Public Prosecutor (Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are the accused 1 to 8 in Crime No.261 of 2011 on the file of the respondent police for offences under Sections 147, 294(b), 323, 506(i) of IPC r/w 3(1)(x) of SC/ST Act. The petitioners were arrested and remanded to judicial custody on 30.09.2011. They have come forward with this petition seeking bail. 2. According to the case of prosecution, due to election motive, these accused attacked the de facto complainant with hands and legs. 3. The learned Additional Government Pleader would submit that injured is still in the hospital. 4. When this matter came up for hearing before this Court on 13.10.2011 and again on 14.10.2011, this Court directed the Additional Public Prosecutor to inform about the nature of the injuries sustained by the defacto complainant. Since it is alleged that the de facto complainant was attacked only with hands and legs, today, he has produced a communication from the police, which states that the de facto complainant is taking treatment as inpatient till date for the injury due to assault. It is not brought to the notice of this Court that any one of the injuries caused by the petitioner are serious in nature. https://hcservices.ecourts.gov.in/hcservices/ 2 5. I have considered the above submissions. 6. Having regard to the fact that there is election motive between the two groups and also considering that except Section 3(1)(x) of SC/ST Act, all other sections particularly 506(i) of I.P.C., are bailable and also considering the fact that the petitioners have been in jail from 30.09.2011 onwards, I am inclined to grant bail to the petitioners, but with stringent conditions. 7. In the result, this petition is ordered and bail is granted to the petitioners on the following conditions:- (i) The petitioners 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 like sum to the satisfaction of the Judicial Magistrate, Pattukottai; and (ii) The petitioners shall report before the respondent police, every day at 10.30 a.m., until further orders. sd/- 18/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, PATTUKOTTAI. 2. THE CHIEF JUDICIAL MAGISTRATE THANJAVUR AT KUMBAKONAM. 3. THE INSPECTOR OF POLICE PATTUKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 5. THE OFFICER IN-CHARGE, SUB - JAIL, PATTUKOTTAI. +1. CC to M/S. S.DEENADHAYALAN Advocate SR. No.35819 ORDER IN CRL OP(MD) No.13681 of 2011 Date :18/10/2011 RJ/19.10.11 2p/7c https://hcservices.ecourts.gov.in/hcservices/