BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of August Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.11361 of 2011 PACHAIAPPAN ... PETITIONER/ACCUSED NO.1 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, ERAL POLICE STATION, THOOTHUKUDI DISTRICT. CRIME NO.324/2008 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.V.NATARAJAN ADVOCATE FOR RESPONDENT : MR.A.RAMAR GOVT. ADVOCATE ( CRL. SIDE) PETITION FOR BAIL UNDER SEC. 439 CR.P.C. ORDER : THE COURT MADE THE FOLLOWING ORDER :- The petitioner is arrayed as A1 and he was arrested and remanded to judicial custody on 05.08.2011 for the alleged offence punishable under Sections 294(b), 323, 506(ii) I.P.C. and Section 3(1)(x) of SC/ST (POA) Act, in S.C.No.10 of 2009 on the file II Additional Sessions Judge, (PCR Court), Tirunelveli, and hence, seeks bail. 2. The learned counsel for the petitioner would submit that a case has been registered against the petitioner in Crime No.324 of 2008 under Sections 294(b), 323, 506(ii) I.P.C. and Section 3(1)(x) of SC/ST (POA) Act), which was taken on file in S.C.No.10 of 2009 before the learned II Additional Sessions Judge, (PCR Court), Tirunelveli and trial also commenced. He further submitted that the petitioner was regularly appeared before the trial Court and on 07.07.2011, the petitioner could not appear before the Court, since his close relatives was died and hence, non-bailable warrant was issued against the petitioner and on 05.08.2011 he was arrested and remanded to judicial custody and hence, he prays for enlargement on bail. 3. Heard the learned Additional Public Prosecutor. https://hcservices.ecourts.gov.in/hcservices/ 4. Considering the rival submissions made by both sides and also considering the fact that S.C.No.10 of 2009 is pending before the learned II Additional Sessions Judge and because of bereavement, the petitioner was not able to appear before the trial Court for one hearing on 07.07.2011, I am inclined to grant bail to the petitioner with certain conditions. 5. Accordingly, the petitioner is ordered to be released on bail on executing a 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, Srivaikundam and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. sd/- 26/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, TO Madurai - 625 023. 1 THE II ADDITIONAL SESSIONS JUDGE[PCR COURT], TIRUNELVELI. 2 DO-THRO' THE PRINCIPAL SESSIONS JUDGE, TIRUNELVELI. 3 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM. 4 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI. 5 THE INSPECTOR OF POLICE, ERAL POLICE STATION, THOOTHUKUDI DISTRICT. 6 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 7 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC TO M/S.V.NATARAJAN, ADVOCATE SR.NO.29247. ORDER IN CRL OP(MD) No.11361 of 2011 Date :26/08/2011 2P/9C RPB 26.08.2011 https://hcservices.ecourts.gov.in/hcservices/