BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11649 of 2011 MAHESH @ MAHESWARAN : PETITIONER/ACCUSED NO.6 Vs. THE STATE REP.BY THE SUB-INSPECTOR OF POLICE JAIHINDPURAM POLICE STATION, MADURAI CITY. CRIME NO.862/2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. A.K.AZHAGARSAMI 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 A6 and he was arrested and remanded to judicial custody on 16.06.2011 for the alleged offence punishable under Sections 147, 148, 341, 324 and 307 I.P.C. @ u/s.302 I.P.C., in Crime No.862 of 2011 on the file of the respondent police and hence, seek bail. 2. The learned counsel for the petitioner would submit that on the basis of the confession given by A1, the petitioner was implicated and the overt Act against the petitioner is that he facilitated A1 to A4 to commit the murder. He further submitted that A10 has already been enlarged on bail and the investigation is considerably over and hence, he prays for enlargement on bail. 3. The learned Additional Public Prosecutor would submit that due to the previous enmity, the occurrence has been taken place. He fairly conceded that the name of the petitioner has not been https://hcservices.ecourts.gov.in/hcservices/ mentioned in the F.I.R. and the investigation is going on and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides and also considering the fact that the name of the petitioner has not been mentioned in the F.I.R., only on the basis of the confession given by A1, the petitioner has implicated in this case and in the confession statement, it was stated that the petitioner/A6 has facilitated A1 to A4 to commit the murder and the investigation is going on, 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 at 10.30 a.m. until further orders. sd/- 05/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.4, MADURAI. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE SUB-INSPECTOR OF POLICE JAIHINDPURAM POLICE STATION, MADURAI CITY. 5. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. +1 CC to M/S. A.K.AZHAGARSAMI Advocate SR.No.29841 ORDER IN CRL OP(MD) No.11649 of 2011 Date :05/09/2011 NSV/6.9.11/2P/7C https://hcservices.ecourts.gov.in/hcservices/