BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of December Two Thousand Eleven PRESENT The Hon`ble Mr. Justice V.PERIYA KARUPPIAH CRL OP(MD) No.16112 of 2011 1 JOHNSON DURAI 2 MUTHUSAMY 3 AROCKIARAJA ... PETITIONERS / ACCUSED 1 TO 3 Vs THE STATE REP. BY THE SUB INSPECTOR OF POLICE SIPCOT POLICE STATION, THOOTHUKUDI, CR NO. 382/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. C.T.PERUMAL 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 in Crime No.382 of 2011 on the file of the respondent police, for offence under Sections 294(b), 323, 307 I.P.C and Section 3(2) (V) of SC/ST (Prevention of Atrocities) Act, 1989. The first petitioner was arrested and remanded to judicial custody on 03.11.2011. The second and third petitioners surrendered before the learned Magistrate concerned on 10.11.2011. They have come forward with this petition seeking bail. 2. Heard Mr.C.T.Perumal, learned counsel for the petitioners and Mr.K.S.Duraipandian, learned Additional Public Prosecutor appearing for the State. 3. According to the case of prosecution, the petitioners along with other co-accused attacked the de-facto complainant with weapons and caused injuries. 4. The learned counsel appearing for the petitioners would submit in his argument that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the injured has been discharged from the hospital. 5. The learned Additional Public Prosecutor would submit in his argument that the injured has been discharged from the hospital. However, if for any reason this Court is inclined to grant bail to the petitioners, suitable conditions may be imposed for their secured presence. 6. I have considered the above submissions. https://hcservices.ecourts.gov.in/hcservices/ 7. Considering the submissions made by both sides, I could see that the injured has been discharged from the hospital. Considering the above said fact and also considering the fact that the petitioners have been in judicial custody for more than one month, I am inclined to grant bail to the petitioners, but with stringent conditions. 8. 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 each of them 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.I, Thoothukudi; and (ii) the Petitioners shall report before the respondent police, everyday at 10.30 a.m. until further orders. sd/- 14/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.I, THOOTHUKUDI. 2. THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI. 3. THE SUB INSPECTOR OF POLICE SIPCOT POLICE STATION, THOOTHUKUDI. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 5. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. +1. CC to M/S. C.T.PERUMAL Advocate SR.No.43572 ORDER IN CRL OP(MD) No.16112 of 2011 Date :14/12/2011 RJ/15.12.11 2p/7c https://hcservices.ecourts.gov.in/hcservices/