1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11762 of 2011 ELANGO @ ELANGOVAN ... PETITIONER/ACCUSED No.4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE S.S. COLONY POLICE STATION, MADURAI, CRIME NO.1354/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.C. MAYIL VAHANA RAJENDRAN Advocate For Respondent : MR.A.RAMAR, Addl.Public Prosecutor ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner was surrendered on 03.08.2011 before the learned Judicial Magistrate, Andipatti for the alleged offences punishable under Sections 147, 148, 341, 302 and 506(ii) r/w 109 I.P.C in Crime No.1354 of 2011 on the file of the respondent police and hence, seeks bail. 2.The learned counsel appearing for the petitioner would submit that the petitioner is arrayed as A4 and he is an innocent person. He would further submit that his senior paternal uncle and his son were murdered by the deceased brother and he was convicted, and it was confirmed by the Apex Court and now he is undergoing sentence. He would further submit that the alleged occurrence has been taken place on 26.07.2011 and he was surrendered before the Court on 03.08.2011 and he is a Government employee and he joined his duty on 15.04.2010 and has got married only on 14.07.2011. He would further submit that the petitioner's name was falsely implicated and no specific overt act has been mentioned in the F.I.R and he is in judicial custody for more than 30 days and hence, he prays for enlargement on bail. 3.Refuting the same, the learned Additional Public Prosecutor (Crl.side) would submit that a case has been registered against 16 persons and the occurrence has been taken place at 7.15 a.m and a complaint has been given at 8.00 a.m and the name of the petitioner has been specifically mentioned in the F.I.R. He would further submit that https://hcservices.ecourts.gov.in/hcservices/ 2 A1 son has been murdered by the deceased because of previous motive and the occurrence has been taken place and in the year 2007, A7 murdered by the deceased cousin and A3 murdered by the deceased brother and it is a retaliations murder 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 alleged occurrence has been taken place on 26.07.2011 and the petitioner is arrayed as A4 and in the F.I.R his name has been found place and he was surrendered before the Court on 03.08.2011 and admittedly he was appointed on 15.04.2010 and his marriage was performed on 14.07.2011 and since he is a Government servant, it is prima facie to prove the allegation against the petitioner and he is falsely implicated in this case and the investigation is considerably over and as he is in judicial custody from 03.08.2011, I am inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail and 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.V, Madurai and on further condition that the petitioners shall appear before the Court concerned daily at 10.30 a.m. until further orders. sd/- 07/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.V,MADURAI. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,MADURAI. 3 THE SUPERINTENDENT,CENTRAL PRISON,MADURAI. 4 THE INSPECTOR OF POLICE, S.S.COLONY POLICE STATION,MADURAI. 5 THE PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S.C. MAYIL VAHANA RAJENDRAN Advocate SR.No.30384 ORDER IN CRL OP(MD) No.11762 of 2011 Date :07/09/2011 PA/08.09.2011/2P/7C https://hcservices.ecourts.gov.in/hcservices/