BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of October Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE S.NAGAMUTHU CRL OP(MD) No.13345 of 2011 1 SIVA @ SOTHUPANAI SIVAKUMAR 2 K.MAHENDRAN ... PETITIONERS/ACCUSED NOS.1 & 2 Vs STATE REP. BY THE INSPECTOR OF POLICE S.S. COLONY POLICE STATIN, MADURAI CITY, CR NO. 1279/2011 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.N.MOHIDEEN BASHA ADVOCATE FOR RESPONDENT : MR.K.S.DURAIPANDY GOVT. ADVOCATE ( 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.1279 of 2011 on the file of the respondent police for the offence under Section 302 IPC. They have come forward with this petition seeking bail. 2.According to the case of prosecution, due to previous enmity, it is alleged that the both the accused armed with deadly weapons attacked the deceased and caused the death. 3.The learned Additional Public Prosecutor would submit that so far as the first petitioner is concerned, he has got three more cases, but in all the three cases, he has got acquittal. He would further submit that the investigation is still pending. 4.The learned counsel for the petitioner would submit that insofar as the second petitioner is concerned, there are no overtacts and he would further submit that as a matter of fact, there is no eye witnesses even to speak about the occurrence. He would further submit that since these two petitioners are in jail for the past 82 days, they may be granted bail. 5.I have considered the above submissions. 6.So far as the first petitioner is concerned, since he has got bad antecedents, because of his involvement in more than three cases, I am not inclined to grant bail to the first petitioner. Accordingly, this petition is dismissed in respect of the first petitioner. So far as the second petitioner is concerned, though there are specific overtacts attributed against him, he has got no previous case and he had been in jail for the past 82 days and the investigation should have been made substantial progress by this time, I am inclined to grant bail to the second petitioner alone, but with stringent conditions. https://hcservices.ecourts.gov.in/hcservices/ 7.In the result, this petition is ordered and bail is granted to the second petitioner alone on the following conditions:- [i]The petitioner shall be enlarged on bail on his 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 Judicial Magistrate No.V, Madurai; and [ii]The petitioner shall stay at Tirunelveli and report before the Tirunelveli Town Police Station, Tirunelveli, everyday at 10.30 a.m. until further orders. sd/- 10/10/2011 / 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 INSPECTOR OF POLICE, S.S. COLONY POLICE STATIN, MADURAI CITY. 4 THE OFFICER INCHARGE, TIRUNELVELI TOWN POLICE STATION, TIRUNELVELI. 5 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 6 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC TO M/S. N.MOHIDEEN BASHA ADVOCATE SR.NO.34990. ORDER IN CRL OP(MD) No.13345 of 2011 Date :10/10/2011 2P/8C RPB : 11.10.2011 https://hcservices.ecourts.gov.in/hcservices/