BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Friday, the Eleventh day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD)No.14607 of 2011 1 RAMESH 2 MANIKANDAN 3 BALAMURUGAN 4 P.MANIANDAN 5 ARUNKUMAR 6 KALIRAJ :PETITIONERS / ACCUSED 1 to 5 & 7 -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, SIVAGIRI POLICE STATION, TIRUNELVELI DT. (CRIME NO.390 OF 2011) :RESPONDENT / COMPLAINANT For Petitioner : M/S. V.SASIKUMAR Advocate For Respondent : MR.K.S.DURAIPANDIAN, ADDITIONAL PUBLIC PROSECUTOR. PETITION FOR BAIL Under Sec.439 Cr.P.C. ORDER:The Court Made the following order:- The petitioners were arrested on 27.10.2011 in Crime No.390 of 2011 on the file of the respondent police for offences under Sections 148, 294(b), 323, 324 and 506(ii) of IPC read with Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) 1989. The alleged occurrence was on 26.10.2011. They have come forward with this Petition seeking bail. 2.According to the case of prosecution, the petitioners entered into the brick industry of the de-facto complainant and using aruval and they threatened the de-facto complainant and also caused simple hurt. It is also stated that the petitioners committed an offence under Section 3(1)(x)of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act)1989. 3.But the learned counsel for the petitioners would submit that there is a counter case against the de-facto complainant in Crime No. 391 of 2011 for offences under Sections 147,148,294(b),341,323,324,307 and 506(ii)of IPC. He would further submit that the de-facto complainant party are aggressors. 4.I have considered the above submissions. 5.Having regard to the fact that there is a counter case and the injured in both the cases have been discharged from the hospital and also having considered the contentions of the learned counsel that the de-facto complainant party are aggressors and all other attending circumstances, I am inclined to grant bail to the petitioners, but with stringent conditions. 6.In the result, this Petition is ordered and bail is granted to the petitioners on the following conditions: - (i)the Petitioners shall be enlarged on bail on each of them 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 II Additional District Judge (PCR) Unit, Tirunelveli; and (ii)the Petitioners shall report before the respondent police, everyday at 10.30 a.m. until further orders. sd/- 11/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO:1.The II Additional District Judge (PCR) Unit, Tirunelveli. 2.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3.The Superintendent, Central Prison, Palayamkottai, Tirunelveli District 4.The Officer In-charge, Borstal School, Nanguneri, Tirunelveli District. 5.The Inspector of Police, Sivagiri Police Station, Tirunelveli District. +1. CC to M/S. V.SASIKUMAR Advocate SR.No.39210. RP/11.11.2011/1P/7C. ORDER IN CRL OP(MD) No.14607 of 2011, Date:11/11/2011 https://hcservices.ecourts.gov.in/hcservices/