BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Four day of August Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.PALANIVELU CRL OP(MD) No.11169 of 2011 1 SOLAIAPPAN 2 RAVICHANDRAN 3 VELRAJAN 4 MADHANKUMAR ALIAS MADHANRAJ 5 SAKTHIVEL ... PETITIONERS / ACCUSED 2 TO 6 Vs STATE REP BY:: THE INSPECTOR OF POLICE ARUPPUKKOTTAI POLICE STATION VIRDHUNAGAR DISTRICT CR.NO.984/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. G.THUVARUTSELVAN 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 petitioners/accused Nos.3 to 5 were arrested and remanded to judicial custory on 18.06.2011 and 1 and 2 were arrested and remanded to judicial custody on 08.07.2011 for the alleged offences punishable under Sections 147, 148, 341, 302 in Crime No.984 of 2011 on the file of the respondent police and hence, they seek bail. 2. In the First Information Report, it is stated that on 17.06.2011 at about 5.45 p.m when the deceased after talking to the complainant and his mother Cholaiammal and he was proceeding on his way, Periammasamy and Ravichandran came in the moped and in another moped 2,4 and 5 petitioners came; that they waylaid the deceased who was going by cycle; that Cholaiappan, velraj and Madankumar uttered to kill the deceased; that Periasamy by means of knife stabbed the deceased in the middle of the chest that Ravichandran by means of knife attacked the chin of the deceased and that on seeing the complainant and his mother, all the accused fled away from the scene of occurrence. 3. The learned counsel submitted that even if the allegations in the First Information Report are taken into consideration, 1,3 and 4 petitioners in the present petition are alleged to have uttered words to kill the deceased and the name of the fifth petitioner is not found in the First Information Report. It is his further statement that the third petitioner is studying B.B.A.Course in Vellaichammy Nadar College, Madurai and the fourth petitioner is studying B.E.Course in Uriyur, Trichy and the fifth petitioner is studying BCA https://hcservices.ecourts.gov.in/hcservices/ in American College, Madurai and that they have been languishing in jail for sufficient period. 4. The learned Government Advocate (Crl.Side) would oppose for granting of bail to the petitioners. However, he says that the investigation is over. Hence, he prays for the dismissal of this application. 5. Considering the facts and circumstances of the case and in view of the fact that the investigation is over and the role played by the petitioners 1 to 4 and the absence of name of the fifth petitioner in the First Information Report, I am inclined to grant bail to the petitioners with certain conditions. 6. Accordingly, the petitioners are 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 concerned learned Judicial Magistrate, Aruppukkottai, and on further condition that the petitioners shall report before the court concerned daily at 10.30 am., until further orders. sd/- 24/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKKOTAI 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4 THE INSPECTOR OF POLICE ARUPPUKKOTTAI POLICE STATION VIRDHUNAGAR DISTRICT 5 THE OFFICER IN CHARGE, SUB JAIL, MELUR, MADRUAI DISTRICT. 6 THE SUPERINTENDENT OF CENTRAL PRISON, MADURAI. +1. CC to M/S. G.THUVARUTSELVAN Advocate SR.No.28919: DM::2011:AUGUST:26:: ORDER IN CRL OP(MD) No.11169 of 2011 Date :24/08/2011 2P:8C:: https://hcservices.ecourts.gov.in/hcservices/