BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of August Two Thousand Eleven PRESENT The Hon`ble Ms. Justice R.MALA CRL OP(MD) No.10448 of 2011 PANEER SELVAM ... PETITIONER / A5 Vs THE STATE REP. BY INSPECTOR OF POLICE SOUTH THAMARAIKULAM POLICE STATION KANYAKUMARI DISTRICT CR.NO.120/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. J.BALAMEENAKSHI Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as A5 and he was arrested and remanded to judicial custody from 17.06.2011 for the alleged offences punishable under Sections 147, 148, 294(b), 324 and 302 I.P.C., in Crime No.120 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 A5 and the age of the petitioner is 65 years and a false case has been foisted against him for the offences under Sections 147, 148, 294(b), 324 and 302 I.P.C. He would further submit that the overt act alleged against the petitioner as he was assaulted the deceased on the shoulder with wooden log and the investigation is considerably over and hence, he prays for enlargement on bail. 3. The learned Additional Public Prosecutor (Crl. Side) would submit that the petitioner is arrayed as A5 and a complaint has been given by the son of the deceased, who is aged about 14 years and the confession of A1, has narrated the implication in respect of each and every accused and the investigation is an early stage 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 15.05.2011 and a complaint has been given on 16.06.2011 and a case has been registered against 5 persons and even though all the accused were arrested and the investigation is an early stage, if they enlarged on bail, they will tamper the witness and abscond from the jurisdiction and hence, I am not inclined to grant bail to the petitioner. Accordingly, this petition is dismissed. sd/- 11/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. https://hcservices.ecourts.gov.in/hcservices/ TO 1. THE INSPECTOR OF POLICE SOUTH THAMARAIKULAM POLICE STATION KANYAKUMARI DISTRICT 2. THE OFFICER IN-CHARGE, DISTRICT JAIL, NAGERCOIL. 3. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.10448 of 2011 Date :11/08/2011 RJ/18.8.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/