BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.13895 of 2011 R. THIRUMOORTHY ... PETITIONER / ACCUSED no.2 Vs THE STATE REP. BY THE SUB INSPECTOR OF POLICE VADAMADURAI POLICE STATION, DINDIGUL DT ... RESPONDENT / COMPLAINANT For Petitioner : M/S. M.PANNEERSELVAM Advocate For Respondent : M/S. K.S.DURAIPANDIAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the second accused in Crime No.48 of 2011 on the file of the respondent police, for offence under Sections 147, 148 and 302 I.P.C. @ U/S 147, 148, 302 and 120-B I.P.C. The alleged occurrence was on 26.01.2011. The petitioner was arrested on 22.09.2011. He seeks bail. 2. According to the case of prosecution, the petitioner along with other accused conspired to kill the deceased, who is the elder brother of the de-facto complainant. However, there is no eyewitness to the occurrence. With great difficulty, the investigating has made progress. 3. According to the learned Additional Public Prosecutor, the petitioner's participation, came to light from the confession of the first accused made to the police. He would further submit that the investigation has already been completed and the charge sheet would be laid very soon. 4. The learned counsel appearing for the petitioner would submit that the petitioner is suffering from various diseases and on 23.09.2011, he fell unconscious in the prison in a serious condition. Immediately, he was taken to the Government Rajaji Hospital, Madurai, where he was admitted as inpatient and at the intervention of good treatment, he regained his consciousness. After that, the petitioner was taken to the prison Hospital, where he is undergoing treatment. 5. The learned counsel appearing for the petitioner would further submit that if the petitioner is kept continuously in prison, the https://hcservices.ecourts.gov.in/hcservices/ same will deteriorate the health which may prove fatal. 6. In view of the medical ground raised by the learned counsel appearing for the petitioner, the Superintendent of Central Prison, Madurai, who is present before this Court, was directed to submit a report about the health condition of the petitioner. He has produced a medical certificate issued by the Prison Medical Officer, Central Prison, Madurai and a report of the Tamil Nadu Medical Services Corporation Limited, Government Rajaji Hospital, Madurai, dated 28.09.2011. 7. A perusal of the medical records would go to show that the petitioner was admitted into prison on 22.09.2011. But on the next day, he was found unconscious and therefore, he was referred to the Government Rajaji Hospital, Madurai for emergency treatment. In the said hospital, after treatment the petitioner regained the unconsciousness. Thereafter, he was shifted back to the prison. According the Superintendent of Central Prison, Madurai, the petitioner is still undergoing treatment as inpatient in the Prison hospital. In the medical certificate it is stated that the petitioner is having numbness in his left arm and also having headache and having difficulty in vision in the left eye. 8. I have considered the above submissions. 9. From the statement of the Superintendent of Central Prison, Madurai and the medical records produced, it is evident that petitioner has got some illness. Therefore, the petitioner's request for bail on the medical ground needs to be considered. Besides that, the learned Additional Public Prosecutor has brought to the notice of this Court that the investigating has been completed and the charge sheet will be laid very soon. The petitioner has been in prison from 22.09.2011 onwards. 10. Having regard to the above, particularly the medical ground raised by the petitioner, I am inclined to grant bail to the petitioner, but with stringent conditions. 11. The learned counsel appearing for the petitioner would submit that the petitioner needs treatment under one Dr.D.Ilangovan at Dindigul. 12. Having regard to the above, in my considered opinion, if the petitioner is granted bail on condition to report before the Dindigul Town Police Station on his discharge from the hospital, the same would meets ends of justice. 13. In the result, this petition is ordered and bail is granted to the petitioner on the following conditions: i) The petitioner shall be enlarged on bail on this 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, Vedachandur, Dindigul District; and https://hcservices.ecourts.gov.in/hcservices/ ii) the petitioner shall report before the Dindigul Town Police Station every day at 10.30 a.m. until further orders, after he discharged from the hospital. sd/- 04/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE VEDASANDUR 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE DINDIGUL 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE SUB INSPECTOR OF POLICE VADAMADURAI POLICE STATION, DINDIGUL DT 5 THE SUPERINTENDENT CENTRAL PRISON, MADURAI 6 THE OFFICER INCHARGE DINDIGUL TOWN POLICE STATION, DINDIGUL +1. CC to M/S. M.PANNEERSELVAM Advocate SR.No.38124 ORDER IN CRL OP(MD) No.13895 of 2011 Date :04/11/2011 SMA/08.11.2011/8C/3P https://hcservices.ecourts.gov.in/hcservices/