BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.16989 of 2011 1. CHINNADURAI 2. KARUTHAPANDI 3. MAHARAJA 4. VEYILMUTHU 5. CHINNA MARUTHUPANDIAN @ MARUTHUPANDIAN : PETITIONERS/ACCUSED 2 to 6 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE, WEST POLICE STATION, KOVILPATTI. (CR.NO.1091 OF 2011) : RESPONDENT/COMPLAINANT For Petitioner : M/S. G.THALAIMUTHARASU Advocate For Respondent : Mr. K.S.DURAI PANDIAN Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are arrayed as A2 to A6 and they were arrested and remanded to judicial custody on 09.12.2011 for the alleged offence punishable under Section 147, 148, 452, 387, 364 and 506(ii) I.P.C., in Crime No.1091 of 2011 on the file of the respondent police and seek bail. 2. Heard Mr.G.Thalaimutharasu, learned counsel for the petitioners and Mr.K.S.Duraipandian, learned Additional Public Prosecutor for respondent State. 3. The learned counsel for the petitioners would submit in his argument that the petitioners are incarceration from 09.12.2011 and investigation ought to have been completed. He would further submit that the petitioners are innocent persons and they are having permanent residence and they will not abscond and they would co- operate with the investigation, if any pending. He would also submit that they are ready to abide any condition likely to be imposed and therefore, the bail petition may be considered. 4. The learned Additional Public Prosecutor would submit in his argument that the petitioners are ranked as A2 to A6 and they are jointly with A1 and had abducted the defacto complainant for ransom of Rs.5 Lakhs and they released him only after giving assurance that https://hcservices.ecourts.gov.in/hcservices/ he would pay the said amounts and in the meanwhile, gold bangles to the tune of five sovereigns have been taken away from the defacto complainant and the same have been recovered from the accused persons. He would further submit that if for any reason, the petitioners are released on bail, there is a likely hood of tampering of witnesses and therefore, the bail petition may be dismissed. 5. Considering the submissions made by both sides, this Court could see that the complaint was given after the lapse of 26 days. However, the petitioners were incarceration from 19.12.2011 and the gold bangles to the tune of five sovereigns have been recovered from the accused persons and the investigation is still pending. However, considering the lapse of time, this Court is inclined to grant bail to the petitioners, with stringent conditions. 6. Accordingly, petitioners are ordered to be released on bail on executing a separate 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.II, Kovilpatti and on further condition that the petitioners shall stay at Nagercoil and appear before the Vadaseri Police Station, Nagercoil daily at 10.30 a.m. until further orders. sd/- 22/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.2, KOVILPATTI. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE, WEST POLICE STATION, KOVILPATTI. +1 CC to M/S. G.THALAIMUTHARASU Advocate SR.No.45498 ORDER IN CRL OP(MD) No.16989 of 2011 Date :22/12/2011 NSV/22.12.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/